[1975 Code § 8-3.1; Ord. No. 13-98; Ord. No. 3-04]
The "BOCA Basic Housing-Property Maintenance Code of 2003," is published by the Building Officials and Code Administrators International, Inc. Three copies of this Code shall be kept on file with the Borough Clerk.
The Building Official and Code Administrator's (BOCA) Basic Property Maintenance Code, (2003), together with any subsequent amendments, changes or supplements thereto, is adopted and incorporated herein as if fully set forth at length except for any additions, insertions, deletions and other changes hereinafter provided.
[1975 Code § 8-3.2]
The owner of any building, structure or unit thereof which is subject to the above Code and which is rented and/or the ownership is transferred in the Borough of South Toms River shall prior to each initial occupancy of the building or unit or upon vacating of the building or unit by any occupant and prior to re-occupancy of such building, structure or unit thereof, shall notify the Construction Code Official, in writing, of such intended initial occupancy or re-occupancy.
[1975 Code § 8-3.4; Ord. No. 8-2006; Ord. No. 10-2007]
After receipt of the notice, the buildings and structure or unit thereof shall be inspected by the Construction Code Official or his representative but there shall not be more than one such inspection of each rental unit in any calendar year.
Any building, structure or unit thereof that continues to be rented by or to the same person or agency shall be inspected by the Construction Code Official or his representative every third year for as long as that person or agency continues to rent the building, structure or unit thereof.
Any building, structure or unit thereof that continues to be rented by or to the same person or agency which has a significant increase in the number of occupants after the initial inspection, shall be re-inspected by the Zoning/Construction Code Official or his representative to continue to show compliance as indicated by the previous inspection.
Upon making any such inspection and determining that any of the above Codes have been or are continuing to be complied with, the Zoning/Construction Code Official shall issue a certificate indicating the date and the fact that such buildings or structures, or units thereof, are in full compliance or continued compliance as indicated by the completed current inspection.
Violations. All violators of this section shall be subject to a penalty of $250 for each violation or 30 days community service, or both. Each and every day in which a violation of this section exists shall constitute a separate violation subject to penalty.
[1975 Code § 8-3.4]
The owner of the inspected property shall be responsible for the correction of violations of any of the Codes as indicated in a written notification by the Construction Code Official or his representative to the owner.
[1975 Code § 8-3.5]
Upon correction of the violations, the owner of the inspected property shall notify, in writing, the Construction Code Official, in order that a reinspection for the purpose of requiring correction of the earlier violations, may be made. This procedure shall be followed and repeated until all violations have been corrected.
[1975 Code § 8-3.6]
The owner of the inspected property shall be charged a fee of $20 for the initial inspection and the issuance of the certificate of each separate leased or rented unit inspected for the aforesaid purpose. A fee of $15 for each separate leased or rented unit reinspected shall be charged the owner for each reinspection that may be required. The fees shall be paid to the Construction Code Official prior to the inspection or reinspection.
[1975 Code § 8-3.7]
A copy of the certificate shall be posted by the owner of the inspected property in each separate leased or rented unit inspected prior to an initial occupancy or actual change of occupancy of the particular unit inspected.
[1975 Code § 8-3.8]
In any case where a provision of any of the above Codes is found to be in conflict with a provision of any zoning, construction, fire, safety, or health ordinance or Code of the Borough, the provisions which establish the higher standard for the promotion and protection of the safety and health of the people shall prevail. In any case where a provision of any of the above Codes is found to be in conflict with a provision of any other ordinance or Code of the Borough which establishes protection of the safety and health of the people, the provisions of any of the above Codes shall prevail.
[Ord. No. 12-04 §§ 1
In the event the owner, tenant or person in possession of the lands in question refuses or neglects to abate or remedy the condition complained of within 10 days after receipt of notice, the Code Enforcement Officer or any Police Officer or Special Law Enforcement Officer may cause the condition complained of to be abated and remedied and shall certify the cost thereof to the Borough Council, who shall examine the certificate and if found correct cause the cost as shown thereon to be charged against the lands. The amount so charged shall forthwith become a lien upon such lands and shall be added to and become and form a part of the taxes next to be assessed and levied upon such lands, the same to bear interest at the same rate as taxes, which shall be collected and enforced by the Tax Collector in the same manner as taxes. Costs shall be in addition to any penalties imposed for a violation of this section.
In the event that the order for removal of trash or debris is as a result of the trash or debris being located on the Borough right-of-way and the owner, tenant or person in possession of the lands in question refuses or neglects to abate or remedy the condition complained of within 48 hours after receipt of notice, the Code Enforcement Officer or any Police Officer or Special Law Enforcement Officer may cause the condition complained of to be abated and remedied and shall certify the cost thereof to the Borough Council, who shall examine the certificate and if found correct cause the costs as shown thereon to be charged against the lands. The amount so charged shall forthwith become a lien upon such lands and shall be added to and become and form a part of the taxes next to be assessed and levied upon such lands, the same to bear interest at the same rate as taxes, which shall be collected and enforced by the Tax Collector in the same manner as taxes. Costs shall be in addition to any penalties imposed for a violation of this section.
[1975 Code § 3-3.1]
The owner or tenant of lands abutting or bordering upon the sidewalks and gutters of the public streets in the Borough shall remove or cause to be removed from the sidewalks and to the width of one foot out of the gutters in front of or bordering on their lands all snow and ice within 12 hours of daylight after the same shall be formed or fall thereon; and shall also remove or cause to be removed all grass, weeds, and other impediments which shall encroach upon or overhang the sidewalks and gutters in front of their lands, and shall thereafter keep the sidewalks and gutters clear of grass, weeds and other impediments.
[1975 Code § 3-3.2]
In case such owner or tenant of any land abutting or bordering upon any public street in the Borough shall neglect or refuse to remove such snow or ice within 12 hours of daylight after the same shall have fallen or formed, or shall neglect or refuse to remove any grass, weeds, or other impediments within three days' notice to remove same, then it shall be the duty of the Officers having charge of the streets and highways of the Borough to remove or cause to be removed such snow and ice from sidewalk and gutter, or to remove or cause to be removed all grass, weeds, or other impediments, as the case may be, from the sidewalks and gutters in front of or bordering on such land.
[Ord. No. 5-94 § 1]
No person, owner or tenant of any properties shall cause, allow or permit the depositing of any snow or ice from said lands to be placed or otherwise abandoned upon any public roadway within the Borough.
[1975 Code § 3-2.14a., c., f. Ord. No. 6-01 § 1]
Storage of Bulky Household Waste Restricted. It shall be unlawful for any residential property owner to store or permit storage of any bulky household waste including household appliances, furniture and mattresses in areas zoned residential except in a fully enclosed structure or during days designated for the collection of bulky items.
Storage of Tires. It shall be unlawful for any residential property owner to store or permit the storage of tires in areas zoned residential except in a fully enclosed structure or on days designated for the collection of tires.
Storage of Unlicensed Motor Vehicles on Streets or Residential Property. It shall be unlawful for any person to keep or permit the keeping on streets, vacant lots and residential properties, except in a fully enclosed building, any motor vehicle, trailer or semi-trailer which:
Is missing tires, wheels, engine, or any essential parts; or
Displays extensive body damage or deterioration;
Does not display a current, valid State license plate;
Is wrecked, disassembled or partially disassembled.
In the event that a motor vehicle is in the process of being converted, altered, or restored, the conversion, alteration, or restoration shall not exceed the period of 60 days. Any motor vehicle fully covered so as to prevent inspection by the Code Enforcement Officer shall be presumed to be unregistered. Such presumption may be overcome by permitting the Code Enforcement Officer to make a full inspection.
[1975 Code § 3-13.1]
It shall be unlawful for any property owner, tenant or licensee to store outside of a building or on any property in the Borough any scrap, junk or waste materials.
[1975 Code § 3-13.2]
As used in this section:
- SCRAP, JUNK OR WASTE MATERIALS
- Shall include but not be limited to scrap paper, scrap metal, unlicensed and unusable automobiles and trucks (including those so in need of repair as to render them incapable of being readily operated under their own power), unusable boats and watercraft (including those so in need of repair as to render them unseaworthy), mechanized equipment, tires, discarded plumbing materials and fixtures, discarded appliances, rags or bottles and any and all other materials that are likely to create a nuisance, emit obnoxious odors, be offensive to the senses or emit obnoxious smoke or noises.
[1975 Code § 3-13.3]
The Police Department, the Code Enforcement Officer and any other duly authorized public official are hereby designated as the personnel of the Borough charged with the enforcement of this section.
The Borough personnel charged with the enforcement of this section shall, before issuing a summons or complaint for a violation thereof, personally serve a warning or notice of violation to a prospective defendant, specifically advising him of the alleged factual basis for such a violation, the ordinance section allegedly violated and that a summons will be lodged in court for such a violation unless it is abated within 30 days after receipt of such notice. Failure to comply with the foregoing requirements shall result in the dismissal of any summons or complaint before the court.
[1975 Code § 3-13.4]
Any person, firm or corporation who shall violate a provision of this section, or fail to comply therewith, shall severally, for each and every such violation and noncompliance, shall be liable, upon conviction for the penalty stated in Chapter 1, Section 1-5. The imposition of a penalty for violation of this section shall not excuse the violation or permit it to continue and each day that such violation is permitted to exist shall constitute a separate offense.
[1975 Code § 3-13.5]
Upon the final conviction of any person, persons, firm or corporation for a violation of this section, the condition which is the basis of the conviction shall be abated by the violator within seven days of conviction thereof, and in the event it is not, the Borough shall have the right to undertake the abatement of the condition and to assess the expense thereof to the property owner.
[Ord. No. 6-09 § 1]
The provisions of this section shall apply to all rental dwellings, including single-family and multifamily dwellings.
One license shall be issued for each property in which rental dwellings exist.
The, municipality shall have the authority to exercise its powers under this section, including the power to issue, renew, deny, revoke, and suspend a license or to declare one or more of the owner's rental dwellings in violation of same.
[Ord. No. 6-09 § 2]
Owners must declare all properties owned by them that are rented or intended to be rented.
No person shall allow any dwelling units in the Borough to be occupied or rented to another for occupancy unless the owner has first obtained a license under the terms of this section.
Failure to comply with any term of this section shall be a violation thereof. For each day an owner fails to comply, same shall constitute a separate offense. Fines and penalties shall be consistent with the Code of the Borough of South Toms River and the International Property Maintenance Code.
[Ord. No. 6-09 § 3]
The owner of each rental dwelling shall make written application to the Borough for a license to engage in the business of leasing a residential dwelling and submit said application to Zoning/Code Enforcement Officer or designee. Other than during the initial implementation of this section, the owner of a residential dwelling that has been constructed and/or converted to rental usage, shall also make written application to the Borough for a license as herein provided prior to initial occupancy. No application shall be considered without payment of the fee. A fee schedule pertaining to residential rental fees shall be adopted by ordinance.
The owner of a residential dwelling seeking to lease same for rental purposes shall make application for a license on a form to be provided by the Borough which form shall set forth the following information:
Owner's name, address, and telephone number. If the owner is a partnership or a limited liability company, the name of the entity and the name, residence address, and telephone number of the managing partner or member shall be provided. If the owner is a corporation, the name and address of the corporation and the name, address, and telephone number of the chief operating officer shall be provided. Further, a post office box is not acceptable for any such address as required in this section. A street address must be provided for any such person. That registered agent's name, street, and mailing address, and telephone number must be included on the application. The registered agent shall be jointly and severally responsible with the owner for:
Manager's name, address, and telephone number. If some natural person other than the owner, manager or agent is actively involved in and responsible for the maintenance and management of the premises, that person's name, mailing address, and telephone number must be given in the application.
Address identifying the location of the rental dwelling.
The name, address, and telephone number of the person designated as responsible for maintaining a current register of all tenants and other persons with a right of occupancy to a rental dwelling.
[Ord. No. 6-09 § 4]
All licenses issued under this section shall be due on January 1 of each year and expire on December 31 of each year and shall be subject to renewal annually as described in this section. All owners shall apply for renewal on a form provided by the Borough. The renewal application may be in such abbreviated form as deemed sufficient by the Borough to verify current information on file concerning the owner. No renewal shall be granted without payment of the required annual license fee.
[Ord. No. 6-09 § 5]
A license issued herein shall be transferable to any person who has acquired new ownership of the registered rental dwelling for the unexpired portion of the one-year term for which it was issued, provided that an application to transfer the license is filed with the Borough within 30 days following title transfer. If an application for transfer of title is not filed with the Borough within the time allowed, the residential rental license shall be cancelled and the new owner shall make new application and pay all required fees.
[Ord. No. 6-09 § 6]
The following standards and conditions shall be met in order to hold a residential rental license under this section:
The owner or applicant shall have paid the required license fee.
The rental dwelling shall have occupancy limits.
The rental dwelling shall not be declared or found to be unsafe or dangerous for human habitation under any section of the Borough Code or a State Statute.
The rental dwelling shall be and continue to be in compliance with the zoning ordinances of the Borough Code.
The owner or applicant shall not allow excessive noise or trash or debris accumulation, public nuisances or criminal activity to occur on the property.
The rental dwelling shall remain in compliance with any and all other applicable Borough Codes/Building Codes.
Any and all outstanding fines, liens or charges assessed against the property must be paid in full.
No rental unit may be registered and no license shall issue for any property, containing a rental unit, unless all municipal taxes, water and sewer charges and any other municipal assessments are paid on a current basis.
[Added 2-11-2019 by Ord. No. 2019-1]
That at any time after any taxes or any installment thereof heretofore or hereafter levied and assessed against real property in any municipality shall have been delinquent for more than six months and remain due an unpaid, the collector or other officer charged with the collection of taxes in such municipality, hereinafter designated the "collector," may by and with the approval of the governing body of such municipality, bring an action in the Superior Court to be appointed receiver ex officio of the rents and income of such real property for the purpose of collecting and satisfying out of such rents and income the delinquent taxes against such real property, expenses of the receivership as may be adjudged by the court. The court may proceed in the action in a summary manner or otherwise. Such receiver shall not be required to give bond other than his official bond, and shall be appointed only for the purpose of collecting and satisfying the delinquent taxes, penalties, interest and costs and expenses as aforesaid.
[Added 2-25-2019 by Ord. No. 2019-3]
[Ord. No. 6-09 § 7]
Every holder of a residential rental license shall:
Receive a license certificate that shall contain the name and address of the owner of the property.
Permit the Borough's Zoning/Code Enforcement Officer or designee to visit the property for the purpose of conducting inspections to verify compliance with this section. The owner or an authorized agent shall be present during any internal inspection requested by the owner.
Notify the Borough Zoning/Code Enforcement Office or designee, in writing, of any changes of information contained in the last license application filed within 30 days of the said change.
Maintain a current register of all tenants and other persons with a right of occupancy to a rental dwelling. The owner, proprietor, manager or other person in charge of any rental property shall, at all times, maintain a local register containing the names of all persons renting and/or occupying such rental dwelling. The register shall be kept current at all times and the owner shall designate the person who has possession of the register.
The register shall include the full name of the person and his or her date of birth. This information shall be verified by a driver's license, passport, State identification card or any other reliable document. If the person uses a driver's license or passport for verification, the record shall include the driver's license or passport number.
[Ord. No. 6-09 § 8]
There is hereby established a rental license inspection program. At the time of the issuance of a rental license, the Borough will provide to the applicant information on the minimum Code requirements for exterior maintenance of rental dwellings. The Borough will use the International Property Maintenance Code and Borough Ordinances as the standard for inspection. Additionally, the owner of any rental property shall insure that no activities occur on the property that constitute a public nuisance, create excessive trash or debris, create an illegal parking situation or allow any criminal activity to occur on the property. The Borough may, from time to time, adopt additional regulations or modify these existing requirements. Nothing contained herein shall be construed to relieve the owner of responsibility for compliance with all applicable codes.
An inspection of the property will occur by the Zoning/Code Enforcement Officer or designee upon initial application for a rental permit and annually or upon a change of occupancy.
Upon making such inspection and determining that the Property Maintenance Code has been complied with, the Code/Zoning Officer or designee shall issue a certificate indicating the date and the fact that such buildings or structures or units thereof are in compliance with the Code. The certificate issued pursuant to this section shall be posted by the owner in a conspicuous place inside the licensed premises and within five linear feet of the main entrance door. The certificate shall establish the occupancy limits of the property. It shall be a violation of this Code for any person, except for an authorized officer or employee of the Borough of South Toms River, to remove a posted certificate during the period it is in effect and shall be subject the property to be immediately vacated in the judgment of the Code/Zoning Officer or designee and/or the owner or the occupant to be fined as set forth herein. Each certificate shall contain the following warning:
It shall be unlawful for any person to interfere with a public officer or agent of the Borough in performing his/her duties pursuant to this section.
[Ord. No. 6-09 § 9]
If the Borough Zoning/Code Enforcement Officer or designee determines during an inspection that an owner and/or tenant fails to comply with the licensing standards or Code requirements, the Officer shall utilize Borough administration enforcement proceedings as provided by law. A Notice of Violation will be issued to the owner or owner's agent and shall provide that:
Following the initial inspection, the owner and/or tenant as determined by the Zoning/Code Enforcement Officer or designee, shall be responsible for scheduling a reinspection of the property to confirm compliance.
If the property fails inspection and/or the owner or tenant fails to attend a scheduled inspection, the Borough shall assess fees to owner in connection with the said inspection services.
The time periods for compliance as determined by the Zoning/Code Enforcement Officer shall not be renewed or extended by the sale or transfer of any interest in the property or dwelling.
[Ord. No. 6-09 § 10]
If, after any time period for compliance has expired, the Zoning/Code Enforcement Officer or designee determines that the dwelling continues to fail to meet applicable standards as set forth in the Notice of Violation, the Officer shall serve on the owner a Notice of Findings and Intent to Revoke. The Notice shall provide:
That the Officer has determined that the rental dwelling or dwelling units fail(s) to comply with the licensing standard for rental dwellings.
A copy of the Notice of Violation specifying the reasons that the rental dwelling is not in compliance with the said licensing standards.
That the Borough has denied, refused to renew or revoked the license and that the rental dwelling must be vacated by a date certain, and shall not be reoccupied until a license is issued by the Borough.
[Ord. No. 6-09 § 11]
When used in this chapter, the following words and terms shall have the meanings ascribed to them in this section:
- Shall mean a building or structure or portion of a building or structure designed for or used for human habitation, including any rental unit.
- Shall mean any person who, alone or jointly or severally with others:
- a. Has legal title to any building with or without accompanying actual possession thereof; or
- b. Has charge, care or control of any building or structure or part thereof as an agent or personal representative of the person having legal title to the building or structure or part thereof; or
- c. Has possession or right to possession under a contract for deed.
- Shall mean any individual, firm, corporation, association, partnership, cooperative or governmental agency.
- Shall mean the building in which the unit is located and all land, appurtenant to such building.
- Shall mean a second or subsequent inspection by the Borough Zoning/Code Enforcement Officer or designee of the rental unit necessitated by a finding by the Code Enforcement Officer or his designee that the rental unit did not comply with the Code of the Borough of South Toms River or the International Property Maintenance Code.
- RENTAL UNIT OR RENTAL DWELLING
- Shall mean a dwelling as defined above which is offered by an owner to any tenant/occupant defined above where the payment of rent occurs by the tenant/occupant to the owner, regardless of whether there is a written lease.
- Shall mean any person living, sleeping, cooking or eating at or actually having possession of a rental dwelling.
[Ord. No. 6-09 § 12]
Fees for the inspection of a rental dwelling shall be $100 and $25 for a reinspection. The fee for a resale inspection shall be $100.
No residential property may be sold until the owner of the property obtains a certificate issued by the Zoning/Code Enforcement Officer or designee verifying that the property is in compliance with all applicable property maintenance laws of the Borough of South Toms River.
[Ord. No. 6-09 § 13]
Any person, firm or corporation who shall violate any provision of this section shall be subject to a Notice of Violation and Order to pay a penalty up to $500, per day for each violation and further upon conviction thereof, be subject to a fine of not less than $100, nor more than $1,000. Each day that a violation continues after notice has been served shall constitute a separate offense.
[Ord. No. 13-14]
Artificial lighting or illumination provided on any property or by any use shall adhere to the following standards:
The illumination provided by artificial lighting on the property shall not exceed 0.5 footcandle beyond any property line.
Spotlights or other types of artificial lighting that provides a concentrated beam of light shall be so directed that the beam of light does not extend beyond any property lines.
Spotlights or other types of artificial lighting used to illuminate signs, homes, yards or building faces shall not emit beams of light that extend beyond the vertical plane of the sign or building face that they illuminate and shall not be located in such a manner as to cause them beams of light to be directed towards or reflected upon any adjoining property, public street or vehicular circulation area.
[Ord. No. 13-14]
Any person, firm or corporation who shall violate any provision of this section shall be subject to a Notice of Violation and Order to pay a penalty of up to $500, per day for each violation and further upon conviction thereof, be subject to a fine of not less than $100, or more than $1,000. Each day the violation continues after notice has been served shall constitute a separate offense.