[Added 4-25-2022 by Ord. No. 2022-04]
A. 
Authority. In accordance with New Jersey law, a municipality may make and enforce within its limits, all ordinances and regulations not in conflict with general laws, as it may deem necessary and proper for the good government, order and protection of persons and property, and for the preservation of the public health, safety and welfare of the municipality and its inhabitants. The Borough of Neptune City hereby adopts the within ordinance in accordance with said authority.
B. 
Purpose and scope. This section aims to curtail, and in certain circumstances prohibit, the increasingly widespread practice of renting or leasing various types of dwellings, or segments thereof, located primarily in residential neighborhoods, on a short-term basis to transient guests. This practice has been popularized and facilitated by various websites that advertise and broker these rentals. Left unregulated, this practice will transform many residential dwellings into a detriment to the health, safety, and quiet enjoyment of the affected neighborhoods.
C. 
This section does not apply to lawfully established and operating hotels, motels, rooming houses, boardinghouses, and bed-and-breakfast establishments.
D. 
Notwithstanding the provisions of this chapter, no rental shall be permitted without obtaining a required certificate of inspection and rental license prior to occupancy.
No type of dwelling unit, as defined in Section 102-40, or segment thereof, may be rented or leased for a term of less than 30 consecutive calendar days.
Notwithstanding the restriction set forth above, minimum rentals of seven days or more of a dwelling unit are permitted during the period from May 15 through September 30.
Notwithstanding the restriction set forth above, the duration restriction shall not apply to owner-occupied single family dwelling units and/or multiple family dwelling units so long as the owner personally resides in one of the units during the time of the tenancy.
In addition to any other provision of law, every licensee and/or certificate holder under this chapter shall:
A. 
Permit all reasonable inspections of the premises.
B. 
Permit access to the premises at all reasonable times by the Code Official and or his designee.
C. 
Ascertain and at all times comply with all laws and regulations applicable to such premises.
D. 
Avoid all forbidden, improper, unlawful or unnecessary practices, business or conditions which do or may affect the public health, morals or welfare.
E. 
Refrain from operating the licensed operation on the premises after expiration of his license or certificate and during the period when his license or certificate is revoked or suspended.
F. 
Post and maintain his license and certificate upon the licensed premises in a place where it may be seen at all times.
G. 
No basement, kitchen, garage, lobby, hallway, barn or porch shall be used or occupied as a sleeping room in any premises registered under the provisions of this chapter.
H. 
No rental shall occur for occupancy of more than the number of individuals permitted to occupy the bedrooms.
I. 
Obtain a Certificate of Inspection issued by the Borough Code Enforcement Official.
The lease or rental of any dwelling for commercial or corporate purposes is prohibited.
The lease or rental, for any purpose, of any amenity, feature, accessory, or appurtenance to or associated with, a dwelling is prohibited.
The print, electronic, or internet advertisement of any rental that is prohibited by or fails to comply with the provisions of this chapter, including the regulations on duration, or any other applicable provision of the Borough Code, is prohibited. Anyone who publishes such an advertisement, including AirBnB, VBRO and the like, shall be guilty of a violation of this chapter.
It shall be the duty of the Chief of Police, the Code Enforcement Officer and/or any police officer of the Borough of Neptune City to determine if this chapter has been complied with, and to enforce the provisions of this chapter against any person found to be violating the same. Any police officer, Code Enforcement Official, or other employee of the Borough so authorized by the Borough Administrator may issue a summons for violation of this chapter.
A. 
The landlord licensee shall post on the back of the front door of the premises the rental certificate of inspection required and a list setting forth the full names and permanent addresses of each tenant, including the name and permanent addresses of each person contributing toward the cost of the rental.
B. 
In the event of a change in tenancy, the licensee shall file with the Construction Department a list of the names and permanent addresses of the new tenants, a copy of which shall be posted as required above.
C. 
Failure to file said list within two business days after commencement of a tenancy shall cause the expiration of all licenses. Any such expired licenses must be renewed with an application as with any application for a new license.
In addition to any other provisions of the Borough Code, if subsequent to the issuance of a rental certificate of inspection, the Construction Official, his subordinates or designates learn or become aware of violations of this Code, an inspection shall be made of the subject premises. If violations are found to exist, the Borough may, in its discretion, proceed under the provisions of the International Property Maintenance Code, or any other applicable, regulation, rule, ordinance, statute or other law. In addition thereto, if cited violations are not abated within 10 calendar days from service of the notice, the rental certificate of inspection shall be revoked by the Construction Official by mailing a notice of revocation by certified mail to the owner or owners and to the tenant or tenants and the premises shall then be vacated. The Construction Official has the discretion to allow a longer period of time for the correction of violations if warranted and reasonable under the circumstances.
Any rental license granted or issued pursuant to this chapter may be suspended or revoked as provided herein after notice and hearing for any of the following causes:
A. 
Any fraud, misrepresentation or false statement contained in the application for license.
B. 
Any violation of this chapter or any Borough ordinance.
C. 
Conducting the use, licensed under this chapter, by applicant himself, or any of his agents, servants, employees, tenants or occupants in any unlawful manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
A. 
Notice of hearing for revocation or suspension of a license shall be given, in writing, by the Borough Clerk or the Code Enforcement Officer, setting forth specifically the grounds of complaints and the time and place of the hearing. Such notice shall be mailed by certified mail to the licensee and his designated agent at the address indicated on the license application, and the complainant, at least five days prior to the date set forth for the hearing.
B. 
Conduct of hearing. The hearing shall be held before a hearing officer to be designated by resolution of the governing body and shall be tape-recorded. At such hearing, proof of conviction of any occupant of the licensed premises for a violation of any Borough ordinance relating to noise or disorderly conduct occurring on the licensed premises shall be admissible.
C. 
Penalties. The hearing officer, upon a finding that the charges against the licensee have been sustained, may, in his discretion, suspend the license for a specified period or revoke the license. In the discretion of the hearing officer, such sentence may be suspended conditioned on subsequent compliance with the chapter. If noncompliance with such condition is established at a subsequent hearing, the sentence will be reimposed.
D. 
Any suspension of license may include a period of suspension during the term of any renewal of the license.
In addition to the provision for revocation, the Code Enforcement Officer, the Chief of Police, any police officer of the Borough of Neptune City, or any taxpayer or resident of the Borough, may make complaint in the Municipal Court of the Borough of Neptune City for any violation of this chapter, or any article, section, paragraph, or provision thereof.
The Municipal Court Clerk of the Borough of Neptune City shall report all dispositions of guilt related to this chapter to the Chief of Police and Construction Official in the Borough of Neptune City within 20 days of the date of said guilty disposition by written notification.
A. 
Every person convicted of a violation of a provision of this chapter shall be subject to the maximum fine and penalties established under N.J.S.A. 40:49-5, and any subsequent amendments thereto.
B. 
Each and every day a violation of this chapter persists shall constitute a separate violation.
C. 
In addition to any other penalty, a property owner shall be denied a certificate of inspection and a rental license for all rental properties in which any of the owners or their principles has an interest for a period of two years after a conviction for violation of this chapter.
D. 
In addition to any other penalty, any real estate agent, broker, or other real estate professional who assists in a violation, or otherwise participates in a rental prohibited under this chapter, shall be prohibited from applying for, or receiving, any certificate of inspection or license for any property for a period of two years from the date of the conviction for violating this chapter.
E. 
To the extent the conduct prohibited under this chapter also violates other provisions of the Borough Code, those violation, constitute separate offense subject to additional fines and penalties as prescribed.