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Borough of Avon-by-the-Sea, NJ
Monmouth County
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[HISTORY: Adopted by the Board of Commissioners of the Borough of Avon-by-the-Sea as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-24-82 by Ord. No. 10-1982; Articles I and II amended in entirety 3-14-2022 by Ord. No. 07-2022. Prior history includes Ord. No. 1-1986 and Ord. No. 5-2014.]
The owner or owners of any residential rental structure or unit or his agent, as defined herein, who intend(s) to rent or lease a residential rental or commercial unit shall make application to the Code Official for the issuance of a rental certificate of occupancy on such form and provide such information as may be required by the Code Official. The application shall be filed with the Code Official not later than six (6) days after the date on which the owner or owners of any residential rental unit shall execute the lease or enter into a binding agreement to lease the rental unit. A residential unit is defined as a room or series of connected rooms containing living, cooking, sleeping and sanitary facilities for one (1) family (house, condo, or apartment.) The dwelling unit shall be self-contained and shall not require the use of outside stairs (properties already containing outsides stairs are exempt), common hallways, passing through another dwelling or other indirect route(s) to get to any portion of the dwelling unit, nor shall there be shared facilities with another dwelling. A commercial unit is defined as a unit of commercial or business property which shall engage in business or commercial activities within the Borough of Avon by the Sea. The rental or lease of only part of a unit is prohibited.
The application shall have attached to it either of the following:
A. 
A true copy of the lease agreement setting forth the name, permanent address, and telephone number of each tenant.
B. 
An abstract of the lease agreement, setting forth the name, permanent address, and telephone number of each tenant, and the period for which the unit is being leased to such tenant. The abstract of the lease shall be verified by an affidavit signed by the landlord or an authorized agent of the landlord.
The Code Official and/or his duly authorized agents shall conduct an inspection of the rental residential unit or commercial unit within fifteen (15) days after the filing of the application to determine if there exist therein any violations of applicable laws, codes, and regulations. Any reinspection(s) as provided herein shall be made within ten (10) days from the date the Code Official is notified in writing by the applicant that the violations cited have been abated.
The minimum application fee for each residential unit shall be fifty dollars ($50) for an annual or seasonal rental per Section 134-4. All rental units in excess of five (5) bedrooms will be charged an additional fifteen dollars ($15) per room to a maximum of ninety-five dollars ($95). Reinspection fees shall be twenty-five dollars ($25) per inspection. The application fee for a commercial unit shall be fifty dollars ($50). Applicable fees are set forth in Chapter 134-4.
Notice of any violations as a result of the aforesaid inspection(s) shall be provided in accordance with the International Property Maintenance Code. Upon correction of the violations, the applicant shall notify the Code Official in writing of same, and reinspection shall be made upon payment of the appropriate fee.
Upon the completion of satisfactory inspection, the Code Official shall forthwith issue a rental certificate of occupancy which shall be valid for a minimum of one (1) year. If at the time of application for the certificate of occupancy, the landlord and the proposed tenant have entered into a lease agreement in excess of one (1) year, the Code Official may issue a rental certificate of occupancy for the entire term of the lease, or until there be a change in tenant occupancy, whichever is sooner.
In the event that a change in tenant occupancy occurs, at any time, the landlord shall be required to comply with the filing requirements set forth in Section 134-1.
If at any time a landlord shall enter into a lease agreement, which by its terms will extend beyond the termination date of the last certificate of occupancy, the landlord, prior to the commencement of the tenant's occupancy shall apply for and have issued a rental certificate of occupancy as provided herein.
Rental classifications shall be as follows:
A. 
Annual Rental - Certificates issued for annual rentals shall be valid for a period of the term of the lease or until there is a change in tenant within the unit, whichever is sooner. The fee shall be fifty dollars ($50).
B. 
Seasonal Rental - Certificates issued for seasonal rentals (summer or winter) shall be for the full season and must be inspected at each change of tenant. Summer season is defined as Memorial Day to Labor Day and Winter rental is defined as Labor Day to Memorial Day. The fee shall be seventy-five dollars ($75).
C. 
Summer Weekly Rentals - A weekly rental C/O shall be for a minimum of seven days and no more than fifteen days between Memorial Day and Labor Day. One inspection will be conducted prior to Memorial Day covering all weekly rentals during the summer period. For each change in tenant, an affidavit stating the requested information as set in Section 134.1 shall be submitted to the Code Enforcement Officer no later than Friday of the week preceding the change in occupancy. The fee shall be four hundred dollars ($400). Should the affidavits not be filed or filed timely, a penalty shall be assessed as follows: First offense is $100, second offense is $200, and third offense is $500.
D. 
Winter Weekly Rentals - A weekly rental C/O shall be for a minimum of seven days and no more than fifteen days between Labor Day and Memorial Day and must be inspected at each change of tenant. The fee shall be seventy-five dollars ($75).
E. 
Monthly Rentals - A monthly rental shall be for a period of one month. The fee shall be one hundred dollars ($100).
F. 
Short term rentals of less than 7 days are strictly prohibited and is only permitted in properties licensed as a hotel or rooming house in accordance with Chapter 70.
G. 
Commercial Unit - The application fee for a commercial unit shall be fifty dollars ($50).
During the rental period:
A. 
A true copy of the rental certificate of occupancy shall be posted within the rental unit in a location approved by the issuing officer.
B. 
An abstract of this ordinance and its penalty provisions shall be posted in each rental unit in a location approved by the issuing officer.
If subsequent to the issuance of a rental certificate of occupancy, the Code Official or his duly authorized agents have cause to believe a violation of this Code exists, an inspection shall be made of the subject premises. If violations are found to exist, the provisions of the International Property Maintenance Code shall apply. In addition, thereto, if cited violations are not abated within ten (10) days from the service of notice, the rental certificate of occupancy shall be revoked by the Code Official by mailing a notice of revocation by certified mail to the owner or owner(s) and to the tenants of the premises. Thereafter, the premises shall be immediately vacated, provided, however, that the Code Official shall have the discretion to allow a longer period of time for the correction of violations if warranted and reasonable under the circumstances.
A rental residential structure or unit is defined as any dwelling, dwelling unit, building or structure permitted to be possessed or occupied by a person who shall be the legal owner, equitable owner or party in actual control of said unit, pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement of contract for the sale of land for all or any part of a given year, but shall not include a rooming house or hotel.
A. 
The terms of this chapter shall be enforced pursuant to the provisions of Chapter 88, "Property Maintenance," of the Borough Code of the Borough of Avon-by-the-Sea including, without limitation, the penalty provisions thereof.
B. 
The terms of this chapter shall not be construed to limit or restrict other requirements or remedies available by law.
In the event that any section, sentence, or clause of this chapter shall be declared illegal or unconstitutional by a court of competent jurisdiction, such decision shall not affect the remaining provisions.
A. 
It shall be unlawful for any person, including but not limited to, an owner, lessor, sublessor with any possessory interest in any dwelling in any dwelling to receive compensation of any kind for the use, occupancy, or rental of any dwelling for a period of six (6) days or less.
B. 
No Vehicles shall be parked on lawns.
C. 
No locks shall be placed on the outside of any bedroom doors.
D. 
It shall be unlawful for the number of occupants in a rental premises to exceed the maximum permitted occupancy as calculated by the Code Official. All tenants of a dwelling unit shall be issued a summons for any such violation.
E. 
No pools or other amenities adjacent to a dwelling unit shall be separately leased or used except as part of a dwelling rented consisted with this Ordinance.
These provisions shall be known and referred to as the Landlord Registration provisions.
The Board of Commissioners of the Borough of Avon-by-the-Sea declare that in order to promote public health, safety and welfare it is imperative that the Borough maintain an up-to-date registry of all landlords, managing agents, managers and superintendents together with a current listing of all residential and commercial tenants residing within the Borough so that municipal agencies, including but not limited to, the Borough Clerk, Police Department, Fire Department, Department of Public Works, Office of Emergency Management, Board of Health, Board of Education and other Borough, county or state agencies, may contact either the landlord, the landlord's agent or the tenant in the event such circumstances require contact concerning state of local emergencies and such other circumstances which the Borough deems necessary for the welfare of the Borough and its inhabitants, which shall be liberally construed to effectuate Borough purposes.
As used in this Article, the following terms shall have the following meanings:
COMMERCIAL UNIT
Any rental unit of commercial or business property which shall engage in business or commercial activities with the Borough of Avon-by-the-Sea.
LANDLORD
The person or persons, partnership, limited liability corporation, corporation, trust, estate or any other like entity which owns or purports to own or have an interest in any residential or commercial multiple dwelling as defined herein.
MULTIPLE DWELLING
Any residential or commercial building or structure rented or offered for rent to one or more tenants, family units, or business entity who in a business-related activity within the Borough of Avon-by-the-Sea including all commercial properties.
RESIDENT RESIDENTIAL UNIT
All rental apartments, condominiums, single-family and two- or more family homes which are non-owner-occupied housing units, located within the Borough of Avon-by-the-Sea.
Every landlord within the Borough of Avon-by-the-Sea shall by April 15th of each year, file a statement under oath with the Code Enforcement Officer, which statement shall contain the following information on forms provided by the Borough and available at the office of the Borough Clerk, which forms shall be supplied to each landlord:
A. 
The name and address of the resident and residential unit owner of record of any multiple dwelling containing residential units.
B. 
The name and address of the rental premises.
C. 
The total amount of rental units located at the rental premises.
D. 
The name, address, and telephone number of the managing agent or superintendent responsible for the rental property.
E. 
The name, addresses and telephone number of the on-site manager or supervisor.
F. 
The location at each multiple dwelling unit of any area designated for storage of hazardous materials and/or flammable items at the rental location.
G. 
The name and address of every tenant occupying each residential rental unit.
H. 
The unit designation that each tenant occupies.
I. 
The location of every fire alarm box, fire extinguisher and fire fighting equipment at the residential multiple dwelling.
J. 
The location of all emergency exits (if applicable).
K. 
The total square footage of the entire rental premises.
L. 
The business and emergency telephone numbers of the owner or management agent.
M. 
The type of construction of the rental premises.
N. 
The name and address of all utility companies serving the within rental premises.
O. 
The location of any and all storage tanks and/or underground storage tanks at the rental premises.
P. 
The nature of the business or commercial activity performed.
The owner of the multiple dwelling containing commercial or residential units and resident residential units shall be responsible to notify the Code Enforcement Officer with regard to any of the following changes affecting the rental units within two (2) weeks of any change occurring on forms prescribed by the Borough of Avon-by-the-Sea:
A. 
A change in ownership;
B. 
A change in management agent or supervisor;
C. 
A change in the resident manager;
D. 
A change in occupancy of any tenant occupying commercial or residential rental unit or resident residential unit;
E. 
A change in any of the utility service companies serving a rental unit.
The Code Enforcement Officer shall maintain all landlord registration statements at the Municipal Building and shall provide access to the Borough Clerk, Police Department, Fire Department, Department of Public Works, Office of Emergency Management, Board of Health, Board of Education and other Borough, county or state agencies for purposes of the general welfare of the Borough of Avon-by-the-Sea.
On or before April 15th of each year, the owner or his designate upon the filing of the landlord registration shall pay a fee, payable to the Borough of Avon-by-the-Sea in the amount set forth hereunder:
Number of Units
Fee
For 1-3 rental units
$50.00
For 4-6 rental units
$100.00
For 8-10 rental units
$150.00
For 11-15 rental units
$200.00
For 16-25 rental units
$250.00
For 26-50 or more rental units
$300 together with $5 per each unit in excess of 50 units
The within fees shall be aggregate and not per unit.
The failure of an owner to comply with the landlord registration within the time restraints set forth herein or to make any and all modifications as required under this section shall subject the owner to a fine not less than two hundred fifty dollars ($250) and not more than one thousand dollars ($1,000) for a first violation. Thereafter, for second and subsequent violations, the owner shall be subject to a fine of not less than five hundred dollars ($500) and not more than two thousand five hundred dollars ($2,500).