[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]
a.
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.
b.
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.
c.
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.
d.
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.
e.
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
3; New]
a.
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.
b.
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]
a.
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.
b.
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.
c.
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:
1.
Is missing tires, wheels, engine, or any essential parts; or
2.
Displays extensive body damage or deterioration;
3.
Does not display a current, valid State license plate;
4.
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:
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.
a.
One license shall be issued for each property in which rental dwellings
exist.
b.
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]
a.
Owners must declare all properties owned by them that are rented
or intended to be rented.
b.
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.
c.
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]
a.
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.
b.
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:
1.
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:
2.
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.
3.
Address identifying the location of the rental dwelling.
4.
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:
a.
The owner or applicant shall have paid the required license fee.
b.
The rental dwelling shall have occupancy limits.
c.
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.
d.
The rental dwelling shall be and continue to be in compliance with
the zoning ordinances of the Borough Code.
e.
The owner or applicant shall not allow excessive noise or trash or
debris accumulation, public nuisances or criminal activity to occur
on the property.
f.
The rental dwelling shall remain in compliance with any and all other
applicable Borough Codes/Building Codes.
g.
Any and all outstanding fines, liens or charges assessed against
the property must be paid in full.
h.
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]
i.
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]
a.
Every holder of a residential rental license shall:
1.
Receive a license certificate that shall contain the name and address
of the owner of the property.
2.
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.
3.
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.
4.
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.
5.
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:
|
WARNING
|
|
OCCUPANCY LIMITATION
|
|
The maximum permitted occupancy of this dwelling unit is_____
|
|
The occupancy limit will be strictly enforced. No warnings will
be given.
|
|
Each tenant of the dwelling unit at the time of the violation
of the occupancy limit shall be issued a summons for overcrowding.
It shall be a further violation of this Code for any person to occupy
or use any premises if a required certificate has not been issued.
|
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:
a.
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.
b.
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.
c.
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:
a.
That the Officer has determined that the rental dwelling or dwelling
units fail(s) to comply with the licensing standard for rental dwellings.
b.
A copy of the Notice of Violation specifying the reasons that the
rental dwelling is not in compliance with the said licensing standards.
c.
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:
Has legal title to any building with or without accompanying
actual possession thereof; or
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
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.
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:
a.
The illumination provided by artificial lighting on the property
shall not exceed 0.5 footcandle beyond any property line.
b.
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.
c.
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.
[Added 2-14-2022 by Ord.
No. 2022-1]
The Mayor and Council hereby find and adopt, as if set forth
more fully herein, the fact assertions of the "Whereas" clauses of
this Ordinance, as their findings of fact.
[Added 2-14-2022 by Ord.
No. 2022-1]
a.
No residential premises including dwelling houses, apartments, rooming
houses or boarding houses or any parts thereof or rooms therein, except
duly licensed hotels and motels, shall be rented or let for occupancy
by any person or persons for a period or term of less than 180 days.
b.
Notwithstanding anything to the contrary contained in the Borough
Code, it shall be unlawful for an owner, lessor, sub-lessor, any other
person(s) or entity(ies) with possessory or use right(s) in a dwelling
unit, their principals, partner or shareholders, or their agents,
employees, representatives and other persons(s) or entity(ies), acting
in concert or a combination thereof, to receive or obtain actual or
anticipated consideration for soliciting, advertising, offering, and/or
permitting, allowing, or failing to discontinue the use or occupancy
of any dwelling unit, as defined herein, for a period of 180 days.
c.
Nothing in this section will prevent formation of an otherwise lawful
occupancy of a dwelling unit for a rental period of more than 180
days.
d.
Nothing in this section will prevent formation of an otherwise lawful
occupancy of a dwelling unit that has previously been engaged in a
lawful lease and continues to be rented on a month-to-month basis.
[Added 2-14-2022 by Ord.
No. 2022-1]
Any form of solicitation, promotion, and communication for
marketing, used to solicit, encourage, persuade, or manipulate viewers,
readers, or listeners into contracting for goods and/or services in
violation of this section, as same may be viewed through various media
including but not limited to, newspapers, magazines, flyers, handbills,
pamphlets, commercials, radio, direct mail, internet websites, or
text or other electronic messages for the purpose of establishing
occupancies or uses of rental property, for consideration, which are
prohibited by this section.
Soliciting, charging, demanding, receiving or accepting any
legally recognized form of consideration including a promise or benefit,
a quid-pro-quo, rent, fees, other form of payment, or thing of value.
Any structure, or portion thereof, whether furnished or unfurnished,
which is occupied in whole or in part, or intended, arranged or designed
to be occupied, for sleeping, dwelling, cooking, gathering and/or
entertaining, as a residential occupancy, by one or more persons.
This definition includes an apartment, condominium, building, co-operative,
converted space, or portions thereof, that is offered to use, made
available for use, or is used for accommodations, lodging, cooking,
sleeping, gathering and/or entertaining of occupants and/or guest(s),
for consideration, for a period of 180 days or less.
Constitutes a family-type situation, involving one or more
persons, living together that exhibit the kind of stability, permanency
and functional lifestyle equivalent to that of a traditional family
unit, as further described in the applicable reported and unreported
decisions of the New Jersey Superior Court.
Any individual using, inhabiting, living, gathering, entertaining,
being entertained as a guest, or sleeping in a dwelling unit, or portion
thereof, or having other permission or possessory right(s) within
a dwelling unit.
Any person(s) or entity(ies), association, limited liability
company, corporation, or partnership, or any combination, who legally
use, possess, own, lease, sub-lease or license (including an operator,
principal, shareholder, director, agent, or employee, individually
or collectively) that has charge, care, control, or participates in
the expenses and/or profit of a dwelling unit pursuant to a written
or unwritten agreement, rental, lease, license, use, occupancy agreement
or any other agreement.
An individual, firm, corporation, association, partnership,
limited liability company, association, entity, and any person(s)
and/or entity(ies) acting in concert or any combination therewith.
The use of a dwelling unit by an occupant(s).
[Added 2-14-2022 by Ord.
No. 2022-1]
The residential occupancy of an otherwise lawful and lawfully
occupied dwelling unit for a period of 180 days or less by any person
who is a member of the housekeeping unit of the owner, without consideration,
such as house guests, is permitted.
[Added 2-14-2022 by Ord.
No. 2022-1]
It shall be unlawful to advertise, solicit or promote by any
means actions in violation of this Ordinance.
[Added 2-14-2022 by Ord.
No. 2022-1]
a.
The provisions of this section shall be enforced by the Building
Code Official, Fire Official, Health Department, other Sub-Code or
Code Official, as their jurisdiction may arise, including legal counsel
for the Borough or other persons designated by the Borough Council,
to issue municipal civil infractions directing alleged violators of
this Ordinance and/or to appear in court or file civil complaints.
b.
A violation of this section is hereby declared to be a public nuisance,
a nuisance per se, and is hereby further found and declared to be
offensive to the public health, safety and welfare.
c.
Any person found to have violated any provision of this section,
without regard to intent or knowledge, shall be liable for the maximum
civil penalty, upon adjudicated violation or admission, of a fine
not exceeding $1,250. Each day of such violation shall be a new and
separate violation of this section.
d.
The penalty imposed herein shall be in addition to any and all other
remedies that may accrue under any other law, including, but not limited
to, eviction proceedings and/or injunction, reasonable attorney's
fees or other fees and costs, in the Borough's Municipal Court
or the Superior Court of New Jersey in the vicinage of Ocean County,
or in such other Court or tribunal of competent jurisdiction, by either
summary disposition or by zoning or construction code municipal proceeding.
