[Ord. #O-04-13, S 1]
The purpose of this section is to insure that residential rental
units are properly maintained in accordance with the Property Maintenance
and related Codes, as well as to protect the property and the health,
safety and welfare of Borough residents. To this end, the section
shall be liberally construed to assure the provision of decent and
safe units of dwelling space.
[Ord. #O-04-13, S 2]
Unless the context clearly indicates a different meaning, the
following words or phrases, when used in this section, shall have
the following meanings:
Shall mean the individual or individuals designated by the
owner as the person(s) authorized by the owner to perform any duty
imposed upon the owner by this section. The term does not necessarily
mean a licensed real estate broker or salesman of the State of New
Jersey as those terms are defined by N.J.S.A. 45:15-3; however, such
term may include a license real estate broker or salesman of the State
of New Jersey if such person is designated by the owner as the owner's
agent.
Shall mean any apartment, condominium, townhouse, or any
room or rooms in any other dwelling unit consisting of one or more
rooms occupying all or part of a floor or floors in a building, whether
designed with or without housekeeping facilities for dwelling purposes
and notwithstanding whether the apartment be designed for residence,
for office, or the operation of any industry or business, or for any
other type of independent use.
Shall mean the Housing Inspector of the Borough of West Long
Branch.
Shall mean any person or group of persons, firm, corporation,
limited liability company, association, trust, any type of partnership
or other entity who owns, operates, exercises control over or is in
charge of a rental facility.
Shall mean an individual, firm, corporation, partnership,
association, trust or any other legal entity, or any combination thereof.
Shall mean every building, group of buildings or a portion
thereof which is kept, used, maintained, advertised or held out to
be a place where living accommodations are supplied, whether furnished
or unfurnished, for pay or other consideration, to one or more individuals
and is meant to include apartments and apartment complexes.
Shall mean a dwelling unit which is available for lease or
rental purposes and is meant to include a dwelling unit offered for
lease or rental, including, but not limited to, one-family homes,
two-family homes, three-family homes, etc., as well as individual
apartments/ condominiums/townhouses located within apartment, condominium
or townhouse complexes.
[Ord. #O-04-13, S 3; Ord. #O-06-3, S 1]
Each and every rental unit shall hereafter be registered with
the Local Enforcing Agency on forms which shall be provided for that
purpose and which shall be obtained from the office of the Local Enforcing
Agency.
All registrations shall be renewed and amended within 20 days
of any change of ownership of any rental unit. No rental unit shall
hereafter be rented unless the rental unit is registered in accordance
with this section. This registration does not constitute an approval
for the use and occupancy of said unit. A Certificate of Occupancy
is still required for each unit.
[Ord. #O-04-13, S 4; Ord. #O-06-3, S 2]
Every owner of a rental unit shall file with the Local Enforcing
Agency of the Borough of West Long Branch a registration form for
each unit contained within a building or structure which shall include
the following information:
a.
The name and address of each record owner or owners of the premises
and each record owner or owners of the rental business if not the
same persons. In the case of a partnership, the names and addresses
of all general partners shall be provided, together with the telephone
numbers for each of such individuals, indicating where such individual
may be reached both during the day and evening hours. If the record
owner is a corporation, the names and addresses of the registered
agent and all corporate officers of said corporation, together with
the telephone numbers for each such individual, indicating where such
individual may be reached both during the day and evening hours. If
the record owner is a limited liability company, the name and address
of the person(s) designated in the operating agreement, together with
the telephone numbers for such individual(s), indicating where such
individual(s) may be reached both during the day and evening hours.
b.
If the address of any record owner is not located in West Long Branch,
the name and address of a person who resides in Monmouth County who
is authorized to accept notices from a tenant or a Borough representative
and to issue receipts therefor and to accept service of process on
behalf of the record owner.
c.
The name and address and telephone numbers of the agent of the premises,
indicating where such individual may be reached both during the day
and evening hours.
d.
The name and address and telephone numbers, including the dwelling
unit number, of the superintendent, janitor, custodian or other individual
employed by the owner or agent to provide regular maintenance service,
if any. For each such individual, a statement as to where such individual
may be reached both during the day and evening hours.
e.
The name, address and telephone number of an individual representative
of the owner or agent who may be reached or contacted at any time
in the event of an emergency affecting the premises or any unit of
dwelling space therein, including such emergencies as the failure
of any essential service or system, and who has the authority to make
emergency decisions concerning the building and any repair thereto
or expenditure in connection therewith.
f.
If fuel oil or natural gas is used to heat the building, and the
landlord furnishes the heat in the building, the name and address
of the fuel oil or natural gas dealer servicing the building.
g.
As to each rental unit, a specification of the exact number of sleeping
rooms contained in the rental unit. In order to satisfy the requirement
of this provision, an owner shall submit a floor plan outlining and
identifying each room in the unit, including the dimensions and floor
location of each room, which shall become part of the application
and which shall be attached to the registration form filed with the
Local Enforcing Agency. Such floor plan may be hand-drawn, but must
include the information required in this subsection.
h.
Such other information as may be required by the Borough.
i.
All addresses must include the full accurate street address. P.O.
box and like information does not satisfy this requirement.
j.
The name, including resident children, of every tenant of record
as to each rental unit. The information contained in the registration
form must set forth information for each rental unit within the rental
property and must include all tenants in each rental unit. This information
shall be available only to the Local Enforcing Agency and to emergency
service personnel requesting the same in the event of an emergency.
This information shall otherwise remain confidential and shall not
be available to the public.
[Ord. #O-04-13, S 5]
The Local Enforcing Agency shall file with the Borough Clerk
a copy of the registration form, except for the information as to
the names of the tenants of record and occupants, which information
shall be kept in a confidential file in the office of the Local Enforcing
Agency. The Borough Clerk shall index and file the registration forms.
In doing so, the Borough Clerk or designee shall follow the mandates
of N.J.S.A. 46:8-28.1 as amended and supplemented, so that the filing
of the registration form will simultaneously satisfy the registration
requirements of N.J.S.A. 46:8-28 to the extent that it applies to
the property being registered and will also satisfy the registration
requirements of this section.
[Ord. #O-04-13, S 6]
Every person required to file a registration form pursuant to
this section shall file an amended registration form within 20 days
after any change in the information required to be included thereon,
unless there has been a change in occupancy, in which case the registration
form shall be submitted with the request for a new Certificate of
Occupancy.
[Ord. #O-04-13, S 7]
a.
Rental units shall be inspected by persons or agencies duly authorized
by the Borough for inspections. Such inspection(s) shall be for the
purpose of determining zoning ordinance compliance and, to the extent
applicable, to determine if the rental facility complies with all
laws, including the Property Maintenance Code, Uniform Construction
Code, Health Code, Housing Code and Fire Code.
b.
Unsatisfactory Inspection. In the event that the inspection(s) of
a rental unit does not result in a satisfactory inspection under the
Codes, the owner or agent shall cause all necessary repairs or corrections
to be made within the time prescribed by the applicable code before
a Certificate of Occupancy is issued and before any tenant takes occupancy;
and, if not made within that time period, the owner shall be deemed
in violation of this section, and every day that the violation continues
shall constitute a separate and distinct violation subject to the
penalty provisions of this section.
[Ord. #O-04-13, S 8]
a.
All rental facilities and rental units subject to this section are
subject to inspections to determine their condition in order to safeguard
the health, safety and welfare of the occupants of such rental facilities
and rental units and of the general public. At the time of such inspection,
all rooms in the rental facilities and rental units shall be available
and accessible for such inspections, and the owner, operator and occupant
are required to provide the necessary arrangements to facilitate such
inspections. Such inspections shall be made between 8:00 a.m. and
8:00 p.m., with the consent of the occupant, who is of legal age to
grant such consent, or with an administrative warrant, unless there
is reason to believe that a violation exists of a character which
is an immediate threat to health or safety, requiring inspection and
abatement without delay or where the time taken to apply for and secure
the issuance of a warrant would render ineffective the immediate action
necessary to abate the condition. Inspection officers shall make reasonable
attempts to obtain consent of the occupant prior to application for
an administrative warrant.
b.
Every occupant shall give the owner of the rental facility and rental
unit access to any part of such rental facility and rental unit in
compliance with any prior arrangements for such action the tenant
and owner established, including provision of any lease entered into
by the parties. Should the parties not have a written lease, or prior
agreement regarding such course of action or any written lease is
silent regarding such measure, then the tenant shall provide access
at all reasonable times for the purpose of making such repairs and
alteration as are necessary to effect compliance with the provisions
of this section, other Borough ordinances or any lawful order issued
pursuant thereto.
c.
Complaints. If a complaint alleging a violation of this section is
received by the Borough, the inspecting officer shall use his diligent
and best efforts to conduct an inspection as hereinabove provided
within 10 days of the receipt of the complaint.
[Ord. #O-04-13, S 9]
a.
Inspection officers shall be supplied with official identification
and shall exhibit such identification when entering any rental facility
and rental unit or any part of any premises subject to this section.
Inspectors shall conduct themselves so as to avoid intentional embarrassment
or inconvenience to occupants.
b.
"Inspection officers" shall include the Construction Official, any
subcode official within the Construction Department, the Zoning Officer,
the Housing Inspector, and any West Long Branch Police Officer.
[Ord. #O-04-13, S 10]
a.
The inspection officer may, upon affidavit, apply to the Judge of
the Municipal Court of the Borough for a search warrant, setting forth
factually the actual conditions and circumstances that provide a reasonable
basis for believing that a nuisance or violation of this section may
exist on the premises, including one or more of the following:
1.
The premises require inspection according to the cycle established
by the Borough for periodic inspections of premises of the type involved.
2.
Observation of the external condition of the premises and its public
areas has resulted in the belief that violations of this section exist.
3.
Circumstances such as age of building, type of building, particular
use of premises or other factors indicate that inspections of such
building are desirable in the interest of public health and safety.
b.
If the Judge of the Municipal Court of the Borough is satisfied as
to the matter set forth in such affidavit, he shall authorize the
issuance of a search warrant permitting access to an inspection of
that part of the premises on which the nuisance or violation may exist.
Warrant for access may be issued by the Judge of the Municipal Court
upon affidavit of the inspections officer establishing reasonable
grounds therefor.
c.
Where the inspection officer or his agent in possession of an administrative
warrant is refused entry or access or is otherwise impeded or prevented
by the owner, occupant or operator from conducting an inspection of
the premises, such person shall be in violation of this section and
subject to the penalties hereunder.
[Ord. #O-04-13, S 11]
No person shall hereafter occupy any rental unit, nor shall
the owner permit occupancy of any rental unit within the Borough of
West Long Branch, unless the rental unit is registered in accordance
with this section.
[Ord. #O-04-13, S 12; Ord. #O-06-03, S 3; Ord. No. O-2017-11 § 2]
At the time of the filing of the registration form, the owner
or agent of the owner must pay a registration fee of $125 per unit
for initial registration and any amended registration. If the owner
of the property is age 65 years or older, resides in a unit of the
property, and rents out the remaining units and would otherwise qualify
under the State of New Jersey property tax deductions under N.J.S.A.
54:4-8.41, there shall be no fee. After the initial registration,
the fee for an amended registration is $250 per unit, but not to exceed
$2,000 per annum per property or apartment complex.
[Ord. #O-04-13, S 13]
Every owner shall provide each occupant or tenant occupying
a rental unit with a copy of the registration form required by this
section. This particular provision shall not apply to any hotel or
motel registered with the State of New Jersey pursuant to the Hotel
and Multiple Dwelling Act in accordance with N.J.S.A. 55:13A-1, et.
seq.
[Ord. #O-04-13, S 14]
a.
The maximum number of occupants shall be posted in a conspicuous
area within each rental unit, on a form to be provided by the Borough,
by the owner of each rental unit. It shall be unlawful for any person,
including the owner, agent or tenant, to allow a greater number of
persons than the posted maximum number of occupants to sleep or occupy
the rental unit. Any person violating this provision shall be subject
to the penalty provisions of this section.
b.
Only those occupants whose names are on file with the Borough as
required in this section may reside in the registered premises. It
shall be unlawful for any other person to reside in said premises,
and any person, including the owner, agent or the tenant, allowing
a nonregistered party to reside in said premises shall be in violation
of this subsection and shall be subject to the penalty provisions
of this section.
[Ord. #O-04-13, S 15]
a.
Occupants. Only those occupants whose names are on file with the
Local Enforcing Agency as provided in the ordinance may reside in
the registered premises. It shall be unlawful for any other person
to reside in said premises, and this provision may be enforced against
the landlord, tenant or other person residing in said premises.
b.
Nuisance Prohibited. No rental facility shall be conducted or maintained
in a manner to constitute a nuisance.
c.
Compliance With Other Laws. The maintenance of all rental facilities
and the conduct engaged in upon the premises by occupants and their
guests shall at all times be in full compliance with all applicable
ordinances and regulations of the Borough and with all applicable
State and Federal laws, including, but not limited to, relocation
assistance laws.
d.
Penalties. Any landlord, tenant or other person violating the provisions
of this section shall be subject to the penalty provisions of this
section.
[Ord. #O-04-13, S 16; Ord. #O-04-18]
a.
Any person who violates any provision of this section shall, upon
conviction in the Municipal Court of the Borough of West Long Branch
or such other court having jurisdiction be penalized as follows:
1.
For a first offense: A fine of a minimum of $250 to a maximum of
$500;
2.
For a second offense: A fine of a minimum of $500 to a maximum of
$1,000 and revocation of the Certificate of Occupancy for a period
of 30 days;
3.
For a third or subsequent offense: A fine of $1,250 and revocation
of the Certificate of Occupancy for a period of 90 days;
4.
For any offense: Any person found to have violated this section shall
additionally be subject to imprisonment for a term not exceeding 90
days or a period of community service not exceeding 90 days. The imposition
of a term of imprisonment or a period of community service shall be
within the sole discretion of the Court.
b.
Each day that a violation occurs shall be deemed a separate and distinct
violation subject to the penalty provisions of this section.
[Ord. #O-14-4, S 1; N.J.S.A. 40:48-2.12n et seq.]
a.
The governing body of the Borough of West Long Branch finds, determines
and declares that N.J.S.A. 40:48-2.12n et seq. was enacted by the
Legislature of the State of New Jersey to enable certain communities
to take effective action to assure that excesses, when they occur,
shall not be repeated and that landlords offering rentals be held
to sufficient standards of responsibility.
b.
The governing body of the Borough of West Long Branch finds that
the Borough has a similar problem with short tenancies, usually less
than one year, throughout the Borough.
c.
The Council of the Borough of West Long Branch enacts this section
to preserve the peace and tranquility of their community for its permanent
residents and to maintain the Borough as a viable area for persons
and families availing themselves of and living in the community.
d.
The enactment of this section is necessary and desirable to provide
a means to curb and discourage those occasional excesses arising from
irresponsible actions of short-term tenancies.
e.
The governing body of the Borough of West Long Branch had, prior
to the enactment of this section, input from the Business Administrator,
Code Enforcement Officer, Fire Official and Chief of Police of the
Borough of West Long Branch and the input of the public's participation
with respect to this section.
[Ord. #O-14-4, S 2]
For the purpose of this section, the following meanings shall
apply:
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 or lease of such property.
Shall mean the person or persons who own or purport to own
any building that is rented or offered for rent or 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.
Shall mean any rental of residential accommodations for a
term of less than one year.
Shall mean an act of disorderly, indecent, or riotous conduct,
including by way of example, but not limited to, simple assault, assault,
terroristic threats, harassment, urinating in public, lewdness, criminal
mischief, excessive noise, or underage possession or consumption of
alcoholic beverages, controlled dangerous substances, upon or in proximity
to any rental premises and attributable to the acts or incitement
of any of the tenants of those premises which have been substantiated
by prosecution and conviction in any court of competent jurisdiction,
which shall include prosecution and conviction for violation of a
Borough ordinance or a higher level offense.
[Ord. #O-14-4, S 3; N.J.S.A. 40:48-2.12q]
a.
If in any twenty-four month period two substantiated complaints on separate occasions, as defined in subsection 21-2.2 hereof, or separate occasions of disorderly, indecent or riotous conduct, including by way of example but not limited to simple assault, assault, terroristic threats, harassment, lewdness, urinating in public, criminal mischief, the illegal consumption of alcoholic beverages or controlled dangerous substances, or excessive noise, upon or in the proximity to any 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 as a violation of any provision of Title 2C of the New Jersey Statutes or any municipal ordinance governing disorderly conduct, the Borough Council or any officer or employee of the Borough of West Long Branch so designated by the governing body for this purpose may institute proceedings to require the landlord of the rental premises to post a bond against the consequences of future incidents of the same character.
b.
The governing body or any officer or employee of the municipality
designated by the Borough Council shall cause to be served upon the
landlord, in person or by registered mail to the address appearing
on the tax records of the municipality, notice advising of the institution
of such proceedings, together with the particulars of the substantiated
complaint upon which those proceedings are based and 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.
c.
At the hearing convened pursuant to paragraph b above, the Hearing
Officer shall receive full evidence in contradiction or mitigation
that the landlord, if present or represented or offering such evidence,
may present. The Hearing Officer may consider, to the extent deemed
relevant to the Hearing Officer, prior complaints about the residents
of the property, even if these complaints did not result in a conviction.
At the conclusion of the hearing, the Hearing Officer shall determine
whether or not the landlord shall be required to post a bond in accordance
with the terms of this section.
d.
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
indicted in the substantiated complaints upon which the proceedings
are based, to be adequate in the case of subsequent offenses to make
reparation for:
1.
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;
2.
Securing the payment of fines and penalties likely to be levied for
such offenses; and
3.
Compensating the municipality for the costs of representing and prosecuting
such incidents of criminal or disorderly behavior; provided, however,
that no such bond shall be in an amount less than $500 nor more than
$5,000.
e.
Any bond or other security deposited in compliance with paragraph
d above shall remain in force for a period of four years. Upon the
lapse of the four-year 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 this section, in which case the security
shall have been 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 shall not void a requirement of security imposed under
this section. The person or persons to whom ownership or control is
transferred shall maintain that security and shall be subject to injunctive
proceedings as authorized by paragraph d above, in the same manner
as the landlord upon which the requirement was originally imposed;
provided, however, that the Borough Council may, by resolution, shorten
the period for which security is required to not less than one year
from the date of the transfer of ownership or control, if during that
year no substantiated complaints are recorded with respect to the
property in question.
f.
The municipality may enforce a bond thus required by action in the
Superior Court and shall be entitled to an injunction prohibiting
a 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.
[Ord. #O-14-4, S 4; N.J.S.A. 40:48-2.12r]
a.
If during the period for which a landlord is required to give security pursuant to subsection 21-2.3, 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 21-2.3 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.
b.
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 21-2.3. 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 21-2.3 and shall be taken only to the extent that the nature of the substantiated complaint or complaints out of which proceedings arise under this action indicated the appropriateness of such change in order to effectually carry out the purposes of this ordinance. The decision of the Hearing Officer in such circumstances shall be enforceable in the same manner as provided in subsection 21-2.3.
c.
A landlord may recover from a tenant any amounts of security actually
forfeited as described in paragraph b above.
