[HISTORY: Adopted by the Borough Council of the Borough of
Bay Head 5-6-2019 by Ord. No. 2019-05. Amendments noted where applicable.]
A.
No land shall be occupied or used and no building erected shall be
occupied or used until a certificate of occupancy is issued. Certificates
of occupancy shall be issued by the Construction Official in the manner
prescribed in the Uniform Construction Code and signed by the Construction
Code Official and the Zoning Officer. Such signatures shall certify
that all applicable provisions of the New Jersey Uniform Construction
Code[1] and all requirements of Borough ordinances have been complied
with in respect to the property or structure in question.
[1]
Editor's Note: See N.J.A.C. 5:23-1 et seq.
B.
Upon serving of notice by the Construction Code Official or Zoning
Officer to the owner of any violation of any of the provisions or
requirements with respect to any building or use thereof or of land,
as specified in this chapter, a new certificate of occupancy shall
be required for any further use of such building or land.
C.
No changes or extension of use shall be made of a nonconforming use
or premises without a certificate of occupancy. Such certificates
shall be applied for at the same time that the building permit is
applied for and shall be issued or denied within 10 days after the
erection or alteration of the building is completed.
D.
Any and all violations of the New Jersey Uniform Construction Code
and or Borough Code must be abated before a certificate of occupancy
is issued. No building or structure may be occupied or used until
a certificate of occupancy is obtained.
A.
No property shall be sold and title transferred until the owner of
the property to be sold obtains a transfer certificate of occupancy,
issued by the Code Enforcement Officer of the Borough of Bay Head,
certifying that the property to be sold complies with the current
smoke and carbon monoxide detector requirements and all applicable
zoning and property maintenance regulations in the Borough, and in
accordance with all development approvals for the property.
A.
For the purposes of this chapter, a "rental residential structure
or unit" shall be defined as any dwelling, dwelling unit, rooming
unit, building or structure which the legal owner permits to be possessed
or occupied by another person or party pursuant to a written or unwritten
lease, agreement or license or pursuant to a recorded or unrecorded
agreement of contract for sale of the land for all or part of any
given year.
B.
The owner or owners of a rental residential structure or unit who
intends to rent or lease all of any part thereof of the structure
or unit shall make application to the Code Enforcement Officer for
the issuance of a rental certificate of occupancy on such form and
provide such information as may be required by the Code Enforcement
Officer. The application shall be filed with the Code Enforcement
Officer no less than 10 days prior to the intended rental occupancy
of the unit or structure. The application shall have attached to it
either of the following;
(1)
A true copy of the lease agreement setting forth the name, permanent
address and telephone number of each tenant.
(2)
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 thereof.
(3)
In the event that the rental certificate of occupancy is applied
for prior to the execution or preparation of a lease agreement, the
landlord shall file either of the above documents within 10 days of
the execution of the agreement.
C.
Periods of tenancy.
[Amended 12-7-2020 by Ord. No. 2020-15; 11-7-2022 by Ord. No. 2022-12]
(1)
Long
term. Long-term rentals are residential rentals for a period of longer
than 12 months. The certificate of occupancy shall be in force until
a change in tenant occupancy occurs or for a term of three years,
whichever is sooner.
(2)
Short
term. Short-term rentals are residential housing units available for
rent for a period of between seven days and 12 months. A short-term
certificate of occupancy shall be required each and every calendar
year. A rental certificate of occupancy shall be valid for a term
of one year from the date of inspection.
(3)
Tenancies
for a term of less than seven days are prohibited in the Borough of
Bay Head.
D.
Inspection required.
(1)
The owner or owners of any residential rental structure or unit shall
be obligated to make the residential rental unit available for inspection
by the Code Enforcement Officer immediately subsequent to the filing
of an application for the issuance or reissuance of a rental certificate
of occupancy or any reinspection required in connection with such
application.
(2)
Upon filing of an application with the Code Enforcement Officer for
a rental certificate of occupancy, the Code Enforcement Officer and/or
his duly authorized agents shall conduct an inspection of the rental
residential unit. A reinspection as provided herein shall be made
after the Code Enforcement Officer is notified, in writing, by the
applicant that violations cited have been abated.
(3)
Notice of any violation as a result of an inspection shall be provided
in accordance with the Property Maintenance Code of the Borough of
Bay Head. Upon correction of the violations, the applicant shall notify
the Code Enforcement Official, in writing, of said fact, and reinspection
shall be made upon payment of the appropriate fee.
E.
If, subsequent to the issuance of a rental certificate of occupancy,
the Construction 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 Property Maintenance Code shall apply. In addition
thereto, if cited violations are not abated within 10 days from the
service of notice, the rental certificate of occupancy shall be revoked
by the Code Enforcement Officer by mailing a notice of revocations,
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 Enforcement Officer shall have the
discretion to allow a longer period of time for the correction of
violations, if warranted and reasonable under the circumstances.
[Amended 12-7-2020 by Ord. No. 2020-15]
A.
Violations
of § 101-3C(4) shall be punishable by a fine of $1,250 for
each occurrence.
B.
For a violation
of any other provision of this chapter, the maximum penalty, upon
conviction thereof, shall be a fine not exceeding $1,000 or imprisonment
for up to 90 days or a period of community service not exceeding 90
days, or any combination thereof. Except as otherwise provided, each
and every day in which a violation of any provision of this chapter
exists shall constitute a separate violation.
