[HISTORY: Adopted by the Mayor and Council of the Borough
of Sea Bright 12-21-2021 by Ord. No. 15-2021[1]. Amendments noted where applicable.]
[1]
Editor's Note: This ordinance was originally adopted as Ch.
141, but was renumbered for organizational purposes.
The purpose of this chapter is to protect the public health
and welfare by licensing rooming and boarding houses, pursuant N.J.S.A
40:52-10.
As used in this chapter, the following terms shall have the
meanings indicated:
A cooperative sober living residence licensed pursuant to
N.J.S.A. 55:13B-1 et seq. and as defined in N.J.A.C. 5:27-2.1 and
holding a Class F license from the Bureau of Rooming and Boarding
House Standards in the Division of Codes and Standards of the Department
of Community Affairs (the Bureau).
The Borough Council of the Borough of Sea Bright.
Any person, including, for the purposes of this chapter,
any corporation or association of persons or any agency or instrumentality
of state or local government, which operates or proposes to operate
a rooming or boarding house.
The holder of title in fee simple to premises and any lessor
or sublessor of whom an operator is or proposes to become a sublessor
in connection with an application for a license, or renewal thereof,
pursuant to this chapter.
The most recent population count reported by the Department
of Labor.
A rooming or boarding house licensed pursuant to N.J.S.A.
55:13B-1 et seq. A rooming house is further defined as a boarding
house wherein no personal nor financial services are provided to the
residents [N.J.S.A. 55:13B-3(h)]. It shall include all classes of
premises applying for a license as defined in N.J.A.C 5:27-6.
A.
Except as provided in Subsection B of this section, no rooming or boarding house shall hereafter be located or operated in the Borough except upon premises licensed for that purpose by the Licensing Authority.
B.
Any rooming or boarding house that is in lawful operation on the
date of enactment of this chapter shall be entitled to continue in
operation for one year from the date of enactment and, if the owner
of the premises applies for licensure not later than the 60th day
next preceding the expiration of that year, until a final determination
is made upon that application.
Application for a license under this chapter shall be made to
the Council. The application shall be by a form which can be obtained
from the Borough Clerk.
A.
The application must be accompanied by an application fee of $200
or such fee as may be prescribed by resolution. The application shall
be filed with the Municipal Clerk, who will be required to place the
application upon the agenda of the next available meeting of the Council.
B.
The form of application shall require the submission of information
and supporting documentation, which will provide a basis upon which
the Council may conduct the investigation and reach the conclusions
required under this chapter for the issuance or denial of a license.
C.
It shall be the responsibility of the applicant/owner to obtain information
required by this application and to exercise due care and diligence
to insure its completeness and accuracy.
D.
All information required from the operator must be duly sworn to
by the operator in order to form a valid part of the application.
E.
If the application filed pursuant to this section is denied, 90%
of the application fee shall be refunded to the applicant, and 10%
retained by the Borough in defraying the expenses of the Licensing
Authority in carrying out its functions under this section.
F.
All applications by a natural person, partnership or unincorporated
association of natural persons shall be duly sworn to by each of the
applicants. An application by a corporation shall be duly sworn to
by the president or vice president of the corporation. All statements
in the application shall be deemed material, and any person who knowingly
misstates any material fact therein shall be guilty of a crime of
the fourth degree.
G.
Each application shall designate an operator/manager of the premises.
That person must meet the requirements for licensure by the NJ Department
of Community Affairs and requirements for licensure of a natural person.
There shall be a $25 fee for a background check on the designated
operator/manager. Said fee will apply each time the operator/manager
changes.
A.
Every applicant for a license shall, after filing the application,
cause notice of the pendency of the application to be published once
per week for two weeks successively in a newspaper, printed in the
English language, published and circulated in Monmouth County. The
notice shall include the time and place of the public hearing before
the Council, the name of the owner of the premises, the name of the
operator of the boarding house, the name of the boarding house, the
address of the boarding house, and the business name of the boarding
house.
B.
The second publication thereof shall be made not less than one week
nor more than two weeks prior to the date for the public hearing.
The Borough Administrator shall, upon receipt of application,
cause the following inspections to take place:
A.
With respect to the premises for which a license is sought: (1) that
they are in compliance with all applicable building, housing, health
and safety codes and regulations; (2) that the location of the premises
will not, in conjunction with the proximity of other rooming and boarding
houses, lead to an excessive concentration of such facilities in the
municipality or a particular section thereof;
B.
With respect to the owner or owners of the premises: (1) if a natural
person or persons, that he or they are 21 years of age or older, citizens
of the United States and residents of the State of New Jersey, and
never convicted, in this state or elsewhere, of a crime involving
moral turpitude, or of any crime under any law of this state licensing
or regulating rooming or boarding houses, and have never had a license
required pursuant to P.L. 1979, c. 496 (N.J.S.A. 55:13B-1 et seq.)
revoked; (2) if a corporation, that all officers and members of the
Board of Directors, and every stockholder holding 10% or more of the
stock of the corporation, directly or indirectly having a beneficial
interest therein, have the same qualifications as set forth in this
subsection for an applicant who is a natural person;
C.
With respect to the operator or proposed operator, that he meets
the requirements for licensure by the Department of Community Affairs;
D.
That the owner and operator, either individually or jointly, shall
have established sufficient guarantee of financial and other responsibility
to assure appropriate relocation of the residents of the rooming and
boarding house to suitable facilities in the event that the licensure
is subsequently revoked or its renewal denied. The Department of Community
Affairs shall determine in the case of each type of rooming and boarding
house under this jurisdiction what constitutes suitable facilities
for this purpose. Said guarantee of financial responsibility shall
be in the form of a surety bond in favor of the Borough. The amount
for said bond shall be determined by the Borough Administrator at
the time of the hearing on the application, by multiplying the number
of the maximum allowable licensed beds at the rooming and boarding
house in question by the maximum relocation costs allowed by the Department
of Community Affairs (including both the maximum moving expenses and
rental assistance allowed by the Department) and then by adding an
additional 10% of said total for administrative costs and expenses
in the event of relocation. Said bond shall be in form and substance
acceptable to the Borough Attorney and for a period of one year;
E.
The applicant has complied with the regulations stated herein and
possesses a valid applicable license from the Bureau. An inspection
performed by a municipal enforcement agent under a contractual agreement
with the Department of Community Affairs pursuant to N.J.S.A. 55:13B-1
et seq. may be deemed by the Licensing Authority to satisfy the investigation
requirements of this section; such inspection shall be performed by
and be under the jurisdiction of the Licensing Authority; and
F.
The owner has paid all municipal property taxes due and owing on
the rooming and boarding house, or in the case of an initial application,
the applicant has paid all municipal property taxes due and owing
on any other rooming and boarding house located within the Borough
and owned by the applicant, provided that the owner has received written
notice of any payment delinquency which has remained unpaid for more
than 120 days. The provision of this subsection shall not be construed
as denying or limiting the rights of any displaced residents to relocation
assistance in accordance with N.J.S.A. 20:4-1 et seq.
The Council shall hold a public hearing, at which the applicant,
the operator or proposed operator and all other parties in interest,
including members of the general public, shall be entitled to be heard
upon the merits of the application and the suitability of the premises
proposed for licensing. The time and place of the public hearing shall
be determined within 30 days of receipt of the application, and shall
be communicated to the applicant in sufficient time to enable compliance
with the publication requirement of this chapter.
A.
No license shall be issued which would result in increasing the total
number of persons authorized to be residents in rooming and boarding
houses within the Borough to more than 100 people; but nothing in
this subsection shall warrant refusal of a license or license renewal
for premises where a rooming or boarding house has been in lawful
operation prior to the enactment of this chapter.
B.
No license shall be issued for premises when any part of the boundary
line of the premises is within 1,000 feet of the boundary line of
any other premises for which a license is in force; but nothing in
this subsection shall warrant refusal of a license or license renewal
for premises where a rooming or boarding house has been in lawful
operation prior to the enactment of this chapter.
C.
No license shall be issued until all real estate taxes, sewer, water
and all other municipal liens and charges are current up to and including
the quarter within which the application shall take place. The applicant
will be disqualified for applying for a license until all aforementioned
charges are brought current.
D.
Owner or owners of the premises shall never have had a license required
pursuant to N.J.S.A. 55:13B-1 et seq. revoked.
E.
Except as otherwise provided in the Rehabilitated Convicted Offenders
Act (N.J.S.A. 2A:168A-1 et seq.), no license shall be issued to any
person who has at any time been convicted of forgery, embezzlement,
obtaining money under false pretenses, extortion, criminal conspiracy
to defraud, crimes against the person or other like offense or offenses,
or to any partnership of which such person is a member, or to any
association or corporation of which said person is an officer, director
or employee or in which as a stockholder such person has or exercises
a controlling interest either directly or indirectly.
F.
No license shall be issued to any person if the Council determines
that the issuance of a license to such person would be contrary to
the best interests of the residents of any rooming or boarding house
or of the public generally.
G.
No owner shall employ any person not licensed as an operator to operate
any rooming or boarding house. A separate operator shall be required
for every building occupied by residents other than an accessory building.
H.
No license shall be issued to any person who has previously been
denied a license by either the Department of Health or the Department
of Human Services for reason of personal unfitness or who has had
a license revoked by either the Department of Health or the Department
of Human Services.
I.
No license shall be issued to, or shall continue to be held by, any
person, who, in a final adjudication by a court of record or by the
Division on Civil Rights, has been found to have discriminated against
any resident or prospective resident on the basis of race, color,
creed, national origin or ancestry.
J.
A Class D license shall specify the type of facility for which it
is issued. Except as otherwise provided in this chapter, any service
which may be provided under a Class C license may be provided under
a Class D license and any facility operated under a Class D license
shall conform to all standards that would be applicable to the facility
where it operated under a Class C license.
K.
No license to own or operate a boarding house shall be issued to,
or shall be continued to be held by, any person who has not completed
a training course approved by the Department of Community Affairs.
This subsection shall not apply to persons holding or applying for
only Class A (rooming house) licenses or Class F (cooperative sober
living residence) licenses and shall only be effective so long as
there exists a training program funded by the Department of Human
Services.
L.
No license to operate a rooming or boarding house shall be issued
prior to receipt of a certification that the building does not have
any outstanding violations of the Uniform Fire Code N.J.A.C. 5:70.
M.
No person shall own or operate a rooming or boarding house that offers
or advertises or holds itself out as offering personal care services
to residents with special needs, including, but not limited to, persons
with Alzheimer's disease and related disorders or other forms
of dementia, hold out a building as available for rooming or boarding
house occupancy for such residents, or apply for any necessary construction
or planning approvals related to the establishment of a rooming or
boarding house for such residents without first having a Class C or
Class D license with an endorsement allowing such services to be offered
and provided at the facility.
A.
After the public hearing, the Licensing Authority shall determine,
in accordance with the requirements of this chapter, whether to grant
the license. A license when issued shall be valid for one year from
the date of issuance and until such time as the Licensing Authority
has acted upon an application for renewal, unless sooner terminated
by revocation pursuant to the terms of this chapter.
B.
Not later than the 60th day preceding the anniversary date of issuance,
the holder of a license shall make application to the Licensing Authority
for its renewal. Application for a renewal shall follow the same procedure
and requirements as prescribed for a new application and shall necessitate
de novo consideration and determination by the Licensing Authority
in the same manner as a new application.
The Licensing Authority may revoke a license granted under this
chapter for any of the following reasons:
A.
A finding that there was any misstatement of material fact in the
application upon which the license was issued.
B.
The occurrence of any fact which, had it occurred and been known
to the Licensing Authority before the issuance of the license, would
have resulted in the denial of the application.
C.
Repeated violations, or prolonged failure to correct any violation,
of any applicable building, housing, health or safety code or regulations
for at least 30 days.
D.
Refusal to allow access to any portion of the licensed premises at
all reasonable time, with or without advance notice in order that
officers or agents of the Licensing Authority, or any official charged
with enforcement within the municipality of any building, housing,
health or safety code or regulations applicable to the premises may
determine compliance with such codes or regulations.
E.
Revocation by the Department of Community Affairs of the operator's
license or other authorization to operate a rooming or boarding house
on the premises.
F.
Notification by the Department of Community Affairs that the premises
are not or are no longer suitable for operation of a rooming or boarding
house on the premises.
G.
Failure or refusal to comply with any lawful regulation or order
of the Licensing Authority.
H.
A determination by the Licensing Authority that the issuance or renewal
of a license to such a person would be contrary to the best interests
of the residents of any rooming or boarding house or the public generally
based upon the regulations and conditions set forth in this chapter.
A license shall not be revoked until five days' prior notice
of the grounds therefor has been served upon the licensee, either
personally or by certified mail addressed to the licensee at the licensed
premises, and a reasonable opportunity given to the licensee to be
heard thereon.
Upon determination by the Licensing Authority to refuse the
granting or renewal of a license, or to revoke a license, the licensee
affected shall be entitled to appeal to the Commissioner of Community
Affairs for a review of that determination. Said appeal is to be filed
within 30 days of a final decision of the Licensing Authority. Said
appeal to be filed in writing with the Director of Licensing and Inspections;
the Commissioner shall have the authority to reverse the Licensing
Authority's determination if it concludes that the application was
improperly denied, or the revocation improperly imposed. Such review
shall be in conformity with the provisions of the Administrative Procedures
Act, P.L. 1968, c. 410 (N.J.S.A. 52:14B-1 et seq.). The decision of
the Commissioner in such cases shall be subject to appeal to the Appellate
Division of the Superior Court. If an applicant for a license renewal
has made timely and sufficient application for a renewal in accordance
with the provisions of this chapter, and the rules of the licensing
pursuant thereto, his license shall not expire until any appeals under
this chapter have been finally determined and disposed of.
The Licensing Authority shall be the Borough Council. All decisions
of the Licensing Authority shall be by a majority of the quorum present
for the public hearing as prescribed by subsection.
Any person, firm or corporation who violates or neglects to
comply with any provision of this chapter or any rule, regulation
or directive promulgated pursuant thereto shall be penalized by a
civil penalty of not less than $50 and not to exceed $2,000.
A.
There shall be an annual inspection for each rentable room enumerated
on license to own and/or operate a rooming or boarding house issued
by the Licensing Authority.
B.
The initial annual inspection fee shall be $30 per rentable room,
regardless of the number of changes in tenancy. During the initial
annual inspection, the entire property will be inspected including
all common areas, and the exterior of the property.
C.
Any reinspection will require the fee of $20 per rental room requiring
reinspection, $50 for the reinspection of any common area and a $50
reinspection fee for the exterior of the property.
Nothing herein shall be construed to permit or allow as a permitted
or conditional use a rooming or boarding house, including a cooperative
sober living residence in any zone or district in the Borough Land
Use Development or Zoning Ordinances. In fact, such uses remain specifically
prohibited under the Borough ordinances. This chapter is being adopted
as a precaution in the event that any boarding house is or may become
a mandated use by federal or state law or may become permitted by
variance.
