[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:
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).