[1972 Code 81A-1; Ord. No. 1610-93]
The owner of any residential rental structure or unit, as defined herein, who intends to rent or lease all or any part thereof as a residential rental unit shall make application to the Code Enforcement Official for issuance of a rental permit on such form and provide such information as may be required by the Code Enforcement Official. The application shall be filed with the Code Enforcement Official not later than 10 days of the date on which the owner of the residential rental unit shall execute a lease or enter into a binding agreement to lease the rental unit.
The application shall have attached to it either of the following:
A true copy of the lease agreement setting forth the name, permanent address and telephone number of each tenant.
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.
In the event a rental permit is applied for before the landlord enters a lease, the landlord shall file the lease or an abstract of the lease as set forth above within 10 days of the date of the lease agreement.
[1972 Code 81A-1; Ord. No. 1610-93; Ord. No. 1898-02 § 1; Ord. No. 1931-04 § 2; Ord. No. 2063-10 § 4; Ord. No. 2180-15; Ord. No. 2192-15; amended 4-5-2021 by Ord. No. 2341-21]
The owner of any residential rental structure or unit shall be obligated to make the residential rental unit available for inspection by the Code Enforcement Official immediately subsequent to the filing of an application for the issuance or reissuance of a rental permit or any re-inspection required in connection with such application. The Code Enforcement Official shall conduct the initial inspection or any re-inspection within 10 days of the date of the filing of a complete application for a rental permit and being able to schedule an inspection or re-inspection of the property with the owner.
Upon filing an application with the Code Enforcement Official for a rental permit, the Code Enforcement Official and/or his duly authorized agents shall conduct an inspection of the rental residential unit to determine compliance with the provisions of Chapter 13, Property Maintenance, Certificate of Occupancy checklist, and all other applicable municipal ordinances.
[1972 Code § 81A-1; Ord. No. 1610-93]
Notice of any violations as a result of an inspection shall be provided in accordance with Section PM-107 of the Property Maintenance Code adopted under Chapter 13. Upon correction of the violation, the applicant shall notify the Code Enforcement Official, and a reinspection shall be made upon payment of the appropriate fee.
[1972 Code § 81A-1; Ord. No. 1610-93]
Upon satisfactory completion of the inspection, the Code Enforcement Official shall forthwith issue a rental permit. In the case of summer seasonal occupancy, the rental permit will be in force for a period between May 1 and September 30 following the date of issuance. If such unit is leased between October 1 and May 1 of the following year, the owner of the rental residential unit will be required to obtain a rental permit to cover that period. In all other cases, a rental permit will be in force until a change in tenant occupancy occurs, or for a term of three years, whichever is sooner.
The Code Enforcement Official shall have the discretion to issue a temporary rental permit for a period not to exceed 90 days if the structure substantially complies with the provisions of Chapter 13 and all other applicable Borough ordinances. In such event, the temporary rental permit shall be conditioned upon the completion of work within a time period established by the Code Enforcement Official. A temporary rental permit shall be void if all necessary items are not completed within the required time period. The failure to comply with the conditions contained in the temporary rental permit within the required time period shall require the structure to be vacated. Continued occupancy of a structure once required to be vacated shall be a violation of this section.
[1972 Code § 81A-1; Ord. No. 1610-93]
If subsequent to the issuance of a rental permit, the Code Enforcement Official or his duly authorized agents have cause to believe a violation of this section or the Property Maintenance Code exists, an inspection shall be made of the subject premises. If a violation is found to exist, the provisions of Section PM-107 of the Property Maintenance Code shall apply. In addition thereto, if cited violations are not abated within 10 days from the service of notice, the rental permit shall be revoked by the Code Enforcement Official by mailing a notice of revocation by certified mail to the owner and tenant of the premises. Thereafter, the premises shall be immediately vacated, providing, however, the Code Enforcement Official shall have the discretion to allow a longer period of time for the correction of violations if warranted and reasonable under the circumstances.
[1972 Code 81A-1; Ord. No. 1610-93]
As used in this section:
- RENTAL RESIDENTIAL STRUCTURE OR UNIT
- Shall mean any dwelling, dwelling unit, rooming 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 contract for the sale of land for all or any part of a year.
[Ord. No. 2091-11 § 1]
The Rental Certificate of Occupancy shall be posted in a conspicuous place in the interior of the rental unit certifying the maximum number of persons who may occupy each rental unit. The Certificate shall remain posted at all times during which the premises are occupied. No person shall remove, alter or deface any Rental Certificate of Occupancy, nor shall any person continue to occupy any premises from which a Rental Certificate of Occupancy has been removed or after same has been altered or defaced.
[1972 Code § 82A-1; Ord. No. 1617-93]
The Borough Council finds, determines and declares that:
Manasquan is a resort community and its citizens have experienced disturbances, damage and public expense resulting from carelessly granted and inadequately supervised seasonal rentals to irresponsible vacationers by inept or indifferent landlords.
This section is enacted to preserve the peace and tranquility of the community for its permanent residents, and to maintain the municipality as a viable vacation resort for all persons and families availing themselves of the facilities in the community.
The enactment of this section is necessary and desirable to provide a means to curb and discourage those occasional excesses arising from irresponsible seasonal rentals.
The Legislature of the State of New Jersey enacted N.J.S.A. 40:48-2.12n et seq. to enable certain communities to take effective action to assure that excesses, when they occur, shall not be repeated, and that landlords offering seasonal rentals be held to sufficient standards of responsibility.
[1972 Code § 82A-2; Ord. No. 1617-93]
As used in this section:
- HEARING OFFICER
- Shall mean a licensed attorney of the State of New Jersey appointed by the Mayor, subject to the advice and consent of the Borough Council. The hearing officer shall not own or lease any real property within the Borough, nor hold any interest in the assets of or profits arising from the ownership of such property.
- Shall mean 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. In the case of a mobile home park, "landlord" shall mean the owner of an individual dwelling unit within the mobile home park.
- SEASONAL RENTAL
- Shall mean any rental of residential accommodations for a term of less than one year and including any part of the period extending from May 15 to September 15.
- SUBSTANTIATED COMPLAINT
- Shall mean an act of disorderly, indecent, tumultuous or riotous conduct upon or in proximity to any seasonal 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.
[1972 Code § 82A-3; Ord. No. 1617-93; Ord. No. 2101-11; amended 4-5-2021 by Ord. No. 2344-21]
If in any one year, three complaints, on separate occasions, of disorderly, indecent, tumultuous or riotous conduct upon or in proximity to any seasonal rental premises, and attributable to the acts or incitements of any of the tenants of those premises, have been substantiated by prosecution and conviction in any court of competent jurisdiction, 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.
The Borough Council or any officer or employee designated by the Borough Council shall cause to be served upon the landlord, in person or by certified mail, to the address appearing on the tax records of the municipality, 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.
At the hearing convened pursuant to paragraph b 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. 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.
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:
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
Securing the payment of fines and penalties likely to be levied for such offenses; and
Compensating the municipality for the costs of repressing and prosecuting such incidents of disorderly behavior; provided however, no such bond shall be in an amount less than $500 nor 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.
Any bond or other security deposited in compliance with paragraph d above shall remain in force for a period deemed appropriate by the hearing officer for a period of up to four years. Upon the lapse of the prescribed bond 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 15-2.4 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 may void a requirement for continuing the security imposed under this section. The landlord scheduled to transfer ownership of the property shall petition the Borough in writing to have the bond released and returned upon proof of the transfer. The Borough Council may by resolution then return the bond to the transferor landlord or mandate that the bond be maintained for the remainder of the prescribed period despite the intervening transfer of ownership.
[1972 Code § 82A-4; Ord. No. 1617-93]
If during the period for which a landlord is required to give security pursuant to subsection 15-2.3 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 15-2.3e above, of the period for which the security is required, or for increase in the amount of security required, or for any or all of those purposes.
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 15-2.3d 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 15-2.3d 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 15-2.3d above.
[1972 Code § 82A-5; Ord. No. 1617-93]
The hearing officer shall be a person or persons appointed by the Mayor, subject to the advice and consent of the Borough Council. A hearing officer shall not own or lease any real property within the Borough, nor hold any interest in the assets of or profits arising from the ownership or lease of such property.