[HISTORY: Adopted by the City Council of
the City of Salem 12-7-1998 by Ord. No. 98-27; amended in its entirety 11-21-2022 by Ord. No.
22-15. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any person designated by the record owner as being authorized
to perform any duty imposed upon the record owner by this chapter.
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 licensed real estate
broker or salesman of the State of New Jersey if such person designated
by the record owner as his agent is so licensed.
See N.J.S.A. 55:13B-3.
Money or anything of value.
See N.J.S.A. 55:13A-3.
The certificate issued by the City attesting that the rental
unit has been properly registered in accordance with this chapter
and may be occupied for rental purposes.
The person to whom the certificate is issued pursuant to
this chapter. The term includes within its definition the term "agent"
where applicable.
The Department of Inspections and Permits of the City of
Salem, except where otherwise specified. The head of the Department
or their designee shall be deemed the municipal public officer as
set forth in N.J.S.A. 40:48-2.4.
See N.J.S.A. 55:13A-3.
See N.J.S.A. 55:13A-3.
Any individual, partnership, limited partnership, corporation,
limited-liability company, trust, estate or other entity, or combination
thereof, but shall exclude the City of Salem Housing Authority.
Any person who holds record or other legal title ownership
of land upon which a rental unit is located.
Each and every individual dwelling within a building or structure,
or any separate apartment, unit, room or other space within any building
or structure which is rented, leased, provided or otherwise made available
for residential living, dwelling or sleeping space, by or through
the record owner, for consideration, except as provided below. For
example, if a single-family house is leased to two tenants, the house
is the rental unit. If a person owns a duplex which is leased out
to tenants, each side or section is a separate rental unit, and the
owner must obtain two rental unit certificates. Each apartment in
an apartment complex is a separate rental unit. Except that, if a
person owns a bed-and-breakfast, guest house or similar facility where
the owner lives in the structure and provides other rooms therein
which do not have a separate entrance/exit to the outside of the structure
for rent, the structure is considered the rental unit, and only one
certificate need be obtained. In a hotel, motel or rooming house or
boardinghouse, registered with the state, the structure or structures
containing the unit or units is the rental unit, and only one certificate
need be obtained. In a multiple dwelling, each unit therein is considered
a rental unit.
The land, specifically the tax lot, upon which a rental unit
is situate.
See N.J.S.A. 55:13B-3.
No person shall rent, lease, provide or make available any rental
unit to any person unless and until that rental unit has received
a certificate from the City of Salem in accordance with this chapter.
The record owner, or authorized agent of the record owner, of
every rental unit shall apply for a certificate for each rental unit:
A.
The initial application for existing rental units shall be filed
no less than six months from the date of adoption of this chapter.
B.
Thereafter, a new application for each existing rental unit shall
be filed by the first day of July of each year.
C.
Following July 1, 2023, the record owner, or authorized agent for
the record owner, shall apply for a certificate for each rental unit
no later than the time of occupancy by the first tenant in any newly
constructed, reconstructed or other newly created rental unit, including
any existing unit converted from owner-occupancy to rental occupancy.
D.
Upon the change of record ownership of a rental unit premises, the
new record owner shall apply for a new certificate for any rental
unit within 60 days.
E.
Certificates issued prior to adoption of this chapter shall be renewed
not later than the first day of July following adoption of the chapter.
For every full month less than 12 that the certificate was in effect,
certificate holders shall be entitled to a 1/12 credit on the base
registration fee due on renewal.
A.
Unless timely application for renewal of the certificate has been
made, each rental unit certificate shall expire and be void on July
1 of the calendar year following the calendar year in which the certificate
was issued.
B.
Each rental unit certificate shall expire and be void upon the change
of record ownership of the rental unit premises.
A.
No rental unit certificate shall be issued for any rental unit until the record owner of the rental unit shall pay the fee set forth in the schedule in § 172-11 of this chapter and shall file or cause to be filed a registration certificate on forms provided by the City with the Department for said rental unit, which shall include the following information:
(1)
The name, address and photo ID of the record owner or owners of the
rental unit premises and the record owner or owners of the rental
business if not the same persons. In the case of a partnership, the
names, addresses and email 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
name and address of the registered agent and corporate officers of
said corporation shall be provided, together with the telephone numbers
and email addresses for each of such individuals indicating where
such individual may be reached both during the day and evening hours.
(2)
If a corporation, limited partnership or LLC, a copy of the certificate
of formation.
(3)
If the address of any record owner is not located in Salem County,
the name and address including the email address of a person who resides
in Salem County and who is authorized to accept notices from a tenant
and to issue receipts therefor and to accept service of process on
behalf of the record owner.
(4)
The name, address, telephone and email address of the agent of the
rental unit premises, if any.
(5)
The name and address, 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.
(6)
The name, address and telephone numbers, including cell phone 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
rental unit, including such emergencies as the failure of any essential
service or system, and who has the authority to make emergency decisions
concerning the rental unit premises and any repair thereto or expenditure
in connection therewith.
(7)
The name and address of every holder of a recorded mortgage on the
rental unit premises.
(8)
If fuel oil is used to heat the rental unit and the landlord furnishes
the heat in the building, the name and address of the fuel oil dealer
servicing the building and the grade of fuel oil used.
(9)
The number of sleeping rooms contained in the rental unit, and the
utilities if any contained in the rent.
(10)
The number, names and mailing address of all tenants authorized
to occupy the rental unit if the same is then currently occupied.
(11)
Such other information as may be required by N.J.S.A. 46:8-28,
as amended or supplemented, so that the registration certificate contains
all information required to be disclosed thereby.
(12)
Evidence of insurance coverage on the property.
(13)
Such other information as may be prescribed by the Department.
B.
Every person required to file a registration certificate pursuant
to this chapter shall file an amended registration certificate within
20 days after any change in the information required to be included
thereon. No fee shall be required for the filing of an amendment except
where the ownership of the rental unit premises is changed. Except
that an amendment for the sole reason of change in ownership shall
not be applicable to rental units in motels, hotels, bed-and-breakfasts
or rooming houses or boardinghouses:
C.
Every landlord shall provide the occupant or tenant occupying a rental
unit with a copy of the registration certificate required by this
chapter. If there is an amended certificate, if filed, the landlord
shall furnish each occupant or tenant with a copy of the amended certificate
within seven days of the filing thereof. This particular provision
shall not apply for any hotel, motel or rooming house or boardinghouse
registered with the State of New Jersey.
D.
The Department on behalf of the City Clerk shall index and file the
registration certificate in a manner consistent with the mandates
of N.J.S.A. 46:8-28.1, as amended and supplemented, so that the filing
of the registration certificate 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 chapter.
(1)
No rental unit certificate shall be issued for any rental unit unless:
(a)
The rental unit has been inspected and a certificate has been issued for that rental unit by the Department in accordance with this section; except as set forth in § 172-10 of this chapter. The inspection shall cover a checklist of features essential to the health, safety and well-being of the tenants and neighborhoods of the rental property. The checklist shall be posted on the City website.
(b)
If a rental unit has failed inspection, but the continued occupancy
of the unit does not impair the health and safety of the occupants,
the City shall issue an interim certificate to occupy for a period
of no more than 90 days, which shall be void if the owner fails to
make necessary repairs within that time.
(c)
The Department may waive the inspection requirement at its sole discretion upon submission by the rental unit owner of documentation that the unit is subject to regular inspection by the New Jersey Department of Community Affairs (DCA) pursuant to the New Jersey Hotel and Multiple Dwelling Law (N.J.S.A. 55:13A-1 et seq.) or on behalf of the Real Estate Assessment Center (REAC) of the U.S. Department of Housing & Urban Development and the property was inspected and found to be without violations by either DCA or REAC no more than six months prior to the date of inspection under this section or the rental unit owner shows documentation that any violations were subsequently corrected. In such event, the fee shall be set forth in § 172-11 of this chapter.
(d)
Subsequent to adoption of this chapter, the Department may at
its discretion reinspect any rental unit which received a certificate
prior to adoption of this chapter.
(2)
If the rental unit is a hotel, motel or rooming house or boardinghouse,
registered with the State of New Jersey, the rental unit has been
inspected by the state and a validated certificate of registration
for the rental unit has been issued by the state.
E.
Certificate fee; failure to pay; exemption for senior citizens.
(1)
No initial or renewal rental unit certificate shall be issued for any rental unit unless the application is accompanied by a fee as set forth in the schedule in § 172-11 of this chapter. Failure to apply for a rental certificate on any occupied unit, by the required date, will be a violation of this code. The penalty will be $100 payable to the Department of Inspections and Permits for each day the unit is in violation.
(2)
If the record owner of the rental unit premises is a senior citizen
who resides in the rental unit premises and rents out the remaining
rental unit(s), and would otherwise qualify under the State of New
Jersey property tax deduction under N.J.S.A. 54:4-8.41, there shall
be no fee.
Upon due compliance with all of the foregoing requirements for
a rental unit certificate, the Department shall issue a certificate
for that rental unit.
A.
In addition to any other penalty prescribed herein, a rental unit
certificate granted under this chapter may be subject to revocation,
suspension, imposition of fines and/or special conditions, including,
but not limited to, the installation or implementation of appropriate
security measures, and including a requirement to post a bond, letter
of credit or other adequate security to ensure performance of any
condition of the certificate issued hereunder, in the event of one
or more of the following:
(1)
A finding that there was any misstatement of material fact in the
registration certificate upon which the certificate was issued.
(2)
The occurrence of any fact which, had it occurred and been known
before issuance of the certificate, would have resulted in the denial
of the application.
(3)
Failure to comply with an order to correct a violation clearly inimical
to the health or safety of the tenants or neighbors of the property
after notice and where reinspection after reasonable opportunity to
do so establishes that the violation remains uncorrected.
(4)
Revocation by the New Jersey Department of Community Affairs of the
operator's license or other authorization to operate, if the
rental unit is a hotel, multiple dwelling or rooming house or boardinghouse
regulated by the State of New Jersey.
(5)
Failure or refusal to comply with any lawful regulation or order
of the City.
(6)
Conviction of a violation of this chapter in the Municipal Court
or any other court of competent jurisdiction.
(7)
Determination of a violation of this chapter at a hearing held pursuant to Subsection C hereafter following.
(8)
Failure to take appropriate action in response to criminal convictions or civil liability findings as set forth in Subsection B below.
(9)
Where the rental unit(s) or premises of which the rental unit(s) are a part have required over the preceding 12 months repeated law enforcement response/intervention and/or been the location of more than one serious crime incident, failure to install or implement reasonable security measures as instructed by the Salem Police Department. Such measures may include landscaping, lighting, gating and similar measures; or in the case of multifamily housing, compliance with the provisions of § 172-12 of this chapter.
B.
Actions in response to criminal convictions.
(1)
Upon finding that at least two convictions of criminal offenses or
findings of civil liability on or about the rental property for activity
that materially affects the peace and quiet of the occupants or other
people living in said house or neighborhood have taken place within
a twelve-month period, the City may serve a notice to evict on the
landlord ordering them to evict the tenants, at which time the landlord
shall forthwith issue the tenant a notice to quit and file for eviction.
(2)
A landlord or tenant may appeal a notice under this subsection as provided in Subsection C below.
(3)
The provisions of a notice to evict shall not apply to any tenants
in the building who have been victims of any of the criminal actions
that have resulted in the City issuing the notice to the landlord
(4)
Nothing in this chapter shall require or authorize any landlord to
use prior criminal convictions as a basis for refusing to rent a rental
unit to an otherwise qualified tenant or taking any action inconsistent
with the New Jersey Fair Chance in Housing Law, N.J.S.A. 46:8-52 et
seq.
C.
Procedure; complaints; hearings.
(1)
A complaint seeking the revocation or suspension of a certificate
may be filed by any person interested in the matter, or initiated
directly by the Department of Inspections and Permits. In the event
that the complaint is initiated by a person other than the Department,
the complaint shall be referred to the Department, who shall promptly
review and investigate the matter. In the event that the Department's
investigation indicates that there is not sufficient evidence or probable
cause to justify further proceedings, the Department shall notify
the complainant of such conclusion and the reasons therefor, in writing,
and the matter shall be concluded. In the event that the complaint
is initiated directly by the Department, or in the event that a third-party
complaint is investigated and the Department determines that sufficient
evident or probable cause exists, and therefore further proceedings
are warranted, the Department shall promptly consult with the City
Attorney and provide the City Attorney with a copy of the complaint
and all materials associated therewith. If the City Attorney concurs
with the Department that further proceedings are justified, the Department
shall file a complaint with the City Clerk. The complaint shall be
sufficiently specific to inform the certificate holder of the basis
for bringing the complaint and the potential action that may be taken.
The complaint may be filed on the basis of information and belief
and the complainant need not rely on personal knowledge or information.
(2)
Upon filing of such complaint with the City Clerk, a date for a hearing
shall be scheduled which shall be no sooner than 10 days nor more
than 30 days thereafter. The City Clerk shall forward a copy of the
complaint and a notice as to the date of the hearing to the certificate
holder and the agent, if any, at the address indicated on the registration
certificate by certified mail. Service upon the agent shall be sufficient.
Upon request by the certificate holder, the City will agree to one
but only one rescheduling of the hearing.
(3)
If the certificate holder or the agent, acting on behalf of the certificate
holder, waives their right to a hearing, fails to respond to the notice,
or fails to appear at a scheduled or rescheduled hearing, the hearing
officer shall make findings and recommendations on the basis of a
review of the evidence without a formal hearing.
(4)
Hearings required by this section shall be held by a hearing officer
or officers who shall be appointed by the Council. Following the hearing
or review, the hearing officer shall make findings and a recommendation,
either dismissing the complaint, revoking or suspending the certificate,
determining that the certificate shall not be renewed or reissued
for one or more subsequent certificate years, or suspending or revoking
the certificate unless the certificate holder pays a specified fine,
posts financial security to reasonably ensure future compliance or
abatement of the problem, or fulfills other requirements imposed as
are appropriate under the circumstances. Within 15 days of the conclusion
of the hearing or review, the hearing officer shall transmit their
findings and their recommendation to the City Council and to the certificate
holder.
(5)
The Council may accept, reject or modify the recommendations of the
hearing officer based on the officer's findings and the hearing
record at the next regularly scheduled meeting of Council following
receipt of the findings and recommendations of the hearing officer.
Unless Council explicitly provides to the contrary, the recommendations
of the hearing officer as they may be modified by Council shall be
effective immediately and shall be implemented by the Department of
Inspections and Permits forthwith. In the event Council fails to act
at that meeting, the recommendations of the hearing officer shall
be deemed final and shall be effective immediately.
(6)
At the hearing, witnesses shall be sworn prior to testifying. The
strict rules of evidence shall not apply, and the evidential rules
and burden of proof shall be those which generally control administrative
hearings.
(7)
The City Attorney or their designee shall appear and prosecute on
behalf of the complainant in all hearings conducted pursuant to this
section.
(8)
The City Clerk shall provide notice to the certificate holder and
to all tenants of the property immediately upon the final decision
on the matter taking place as set forth herein.
D.
Action upon revocation of certificate.
(1)
Upon revocation of a rental certificate on a property, the Department
shall post a notice on the front door or other prominent location
of any property for which the rental certificate has been revoked
reading as follows:
RENTAL CERTIFICATE REVOKED. If vacated, this property may not
legally be rerented or leased without the written permission of the
public officer of the City of Salem.
(a)
Removal of said notice by a landlord prior to restoration of
the rental certificate shall be a violation of this chapter.
(2)
If the property is vacant or becomes vacant while the certificate
is still revoked, the landlord shall not rerent the property without
approval of the City.
(3)
Revocation of the rental certificate shall not be grounds for vacating
an occupied rental unit unless the Department has determined, in writing,
that continued occupancy of the property is hazardous to the health
and safety of the occupants.
(4)
As provided by law, the City may seek a judgment from a court of
appropriate jurisdiction appointing the public officer or their designee
as receiver of rents for the property in order to pay bills and make
necessary repairs to the property.
(5)
The provisions of this subsection shall also apply to any property
for which the landlord has failed to renew its registration within
six months of expiration of the prior registration of the property.
A.
Any person violating this chapter shall, upon conviction, be subject
to a fine of not less than $100 nor more than $2,000.
B.
Any person who is convicted of violating this chapter by failing
to correct a condition dangerous to the health and safety of the tenants
of the property after notice by the municipality and reasonable time
to correct the violations, in addition to a fine of up to $2,000,
may be subject to imprisonment in the county jail for a term not exceeding
90 days or by a period of community service not exceeding 90 days.
A.
The Department of Inspections and Permits shall maintain a database
of all rental certificates issued, and all inspections and reinspections
conducted of rental properties subject to this chapter. The database
shall include, but not be limited to, the following information:
(1)
When each property has received a rental certificate, and where applicable,
when a certificate has been revoked and when reinstated.
(2)
The date and findings of all regularly scheduled inspections, and
whether a violation notice was issued, and the provisions of the notice.
(3)
The date and findings of all subsequent follow-up reinspections,
and when the violations were corrected.
(4)
The date and nature of any complaint received with respect to the
property.
(5)
The date and findings of all inspections in response to complaints,
whether a violation notice was issued, and the provisions of the notice.
(6)
The date and findings of all reinspections subsequent to complaints,
and when the violations were corrected.
(7)
Such other matters that may be determined to be appropriate and material
by the Department, or that may be requested to be added by Council.
B.
The Department of Inspections and Permits shall perform an annual
review of the process regulated by this chapter. A written report
shall be submitted to the Council Committee which shall include, but
not be limited to, the following information:
(1)
Number of landlords registered.
(2)
Compliance with this chapter, as further set forth in § 172-10A(1) of this chapter.
(3)
Suggestions for improvement and/or modifications of the regulations.
A.
Statement of intent.
(1)
It is the intent of the City that rental housing inspections be performance-based;
that is, that the frequency of property inspections under this chapter
be determined by the track record or history of the condition of the
property and the performance of its owners. Properties with more code
violations, or with a history of failing to correct violations in
timely fashion, should be inspected more often, while properties with
few or no violations should be inspected less often. By so doing,
the City will be able to focus most on those properties and landlords
which lead to the greatest problems for tenants and neighbors, while
using its resources most effectively.
(2)
To that end, the City plans to place each property into one of three
tiers, which can be generally described as follows:
(a)
Tier 1. Properties in generally good or excellent condition,
with few or no violations, which are corrected in timely fashion,
and few or no complaints.
(b)
Tier 2. Properties in fair condition, with larger numbers of
violations and complaints, which often require repeated reinspections
before being corrected.
(c)
Tier 3. Properties in poor condition, with multiple violations
and/or frequent complaints, and which are often not corrected or recur
even after repeated reinspections.
(3)
The City recognizes that in order to establish such a performance-based
system in a way that is objective and not arbitrary it must be based
on comprehensive data about the extent of violations on each property,
and the extent to which they were corrected in timely fashion, as
well as other salient information that is directly relevant to the
property, and that such data is not available to the City at this
time.
(4)
Therefore, as soon as practicable upon adoption of this chapter, the City will establish a database as set forth in § 172-9, and at such point that that database contains adequate data on the City's rental properties, will use it as set forth in this section to establish a point system on the basis of which properties will be classified for purposes of establishing the frequency of inspections as well as such other provisions that the City may determine to be appropriate.
B.
Review.
(1)
No later than 18 months following completion of the initial inspection of all rental properties required under § 172-5E, the Department of Inspections and Permits shall compile the initial annual review required under § 172-9B, and submit the ranking system set forth under Subsection C(4), below, to City Council. The review shall include the following information for each inspected property:
(a)
Whether any health and safety violations were found on the initial
inspection, and if so, how many.
(b)
Whether any health and safety violations were found on the first
reinspection, and if so, how many.
(c)
Whether all violations were corrected within six months of the
initial inspection, and if not how many were not corrected.
(d)
Whether any complaints with regard to conditions on the property
were received during the preceding year, and if so, how many.
(e)
Whether all complaints were addressed in timely fashion to the
satisfaction of the inspector and, if not, how many were not addressed
and, if not, how many were not addressed.
(f)
Such other information as the Department, in consultation with
the Police Department and other agencies of City government, may determine
to be germane to evaluating the quality of rental housing and the
performance of rental landlords.
(2)
The review shall be provided to City Council and will be posted on
the City of Salem website.
C.
Permit system.
(1)
The Department of Inspections and Permits shall utilize the information from the initial annual review to establish a point system that will be used to classify all rental properties into three tiers. Points shall be established for each item on the health and safety checklist used for inspections under this chapter, as well as for the other elements set forth in § 172-10B.
(2)
Using the database, the Department shall tabulate the number of points
for each property during the preceding twelve-month period, and shall
subtract that number from 100. The resulting number shall be the property's
condition score.
(3)
The actual minimum and maximum condition scores that will be used
to determine the tier into which each individual property will be
placed will be established at that time, in order to ensure that it
is based on sound data and is not arbitrary, and that no one tier
includes a disproportionate share of the City's rental properties.
(4)
Upon completion of the review and analysis as set forth above, the
Department shall submit the ranking system to be used to place properties
into tiers and the minimum and maximum condition scores for each tier
to City Council, which system shall become effective when adopted
by Council as an amendment to this chapter.
(5)
Upon the effective date of the amendatory ordinance, the Department
shall determine the tier for each property based on its condition
score, shall notify the owner and tenants of the property of the tier,
and shall post the list of properties by tier on the City website.
D.
Subsequent to the initial determination of the tier for each property, the Department of Inspections and Permits shall review the status of each property based on the annual review. Each year, where the review shows that a property's performance has significantly changed in the past year from previous years consistent with the schedule adopted under Subsection B(2) of this chapter, the Department shall move such properties from one tier to another as appropriate.
F.
The Department, at its discretion, may require as a condition of receiving a rental unit certificate that any owner of any Tier 3 property participate in such training or related programs as are made reasonably available and may help improve, in the judgment of the Department, the quality of the landlord's property. The City can require such training as a condition of reinstatement of a certificate per § 172-7C(5).
A.
Fees shall be due and payable to the City as set forth in the following
schedule:
|
Base Registration Fee
| ||||
|---|---|---|---|---|
|
Present Fee
|
Tier 1
|
Tier 2
|
Tier 3
| |
|
Initial registration
|
$100
|
$100
|
$100
|
$100
|
|
Renewal in years when inspection is due (see note)
|
$100
|
$100 every 3rd year
|
$100 every other year
|
$100 every year
|
|
Renewal in years when inspection is not due
|
$25
|
$25
|
Not applicable
| |
|
Registration or renewal when inspection waived per § 172-5D(1)(c)
|
$25
|
$25
|
$25
|
$25
|
|
NOTE: registration fee includes cost of initial inspection and
first reinspection. All fees are per rental unit.
|
|
Additional Charges
| |
|---|---|
|
Reinspections (after first reinspection)
|
$50
|
|
Inspections resulting from complaint if one or more violations
are cited
|
$50
|
|
Reinspections after initial complaint inspection
|
$50
|
|
Emergency inspection after normal business hours
|
$75
|
|
Hearing on revocation or suspension of rental certificate
|
$100
|
|
NOTE: All fees except hearing fees are per inspection per rental
unit. The hearing fee is payable in full if the hearing is scheduled
and adequate notice given whether or not the certificate holder appears
at the hearing.
|
B.
The total fee payable for renewal of the rental unit certificate
shall be the sum of the base registration fee and any additional charges
accrued with respect to the property during the preceding twelve-month
period.
C.
All additional charges pending shall be paid prior to the City issuing a certificate to occupy as provided in § 163-5 of the City of Salem Code of Ordinances with respect to any property subject to the provisions of this section.
D.
City Council may amend this schedule by ordinance at any time, but
not more often than once in any twelve-month period.
A.
Notwithstanding any other provision of this section, the Department
shall investigate and as appropriate conduct inspections of rental
properties in response to all complaints received with respect to
those properties.
B.
Whenever an inspection takes place in response to a complaint, the
inspector, in addition to inspecting the matter that is the subject
of the complaint, shall conduct an expedited inspection of key health
and safety features of the rental property.
A.
All residential dwelling units of three or more units, and hotels
as defined in N.J.S.A. 55:13A-3(k), including condominium complexes
of more than 25 dwelling units shall provide for the installation
and maintenance of security cameras in accordance with a plan to be
approved by the Construction Official.
B.
Any such security cameras shall be installed so as to maintain continuous
surveillance of the public streets, parking lots, public walkways,
sidewalks, grassy areas, playground areas and trash collection areas
adjacent to such buildings. Multiple security cameras may be required
to satisfy this section.
C.
Recordings from the surveillance cameras required by this section
shall be capable of storing and maintaining all footage for a period
of 180 days unless instructed by law enforcement. Recordings from
surveillance shall be made available to members of the Police Department
in the event the recordings are needed for a criminal investigation.
D.
It shall be the responsibility of the owner to install, maintain
and operate the security camera.
E.
This section shall be effective immediately in accordance with the
law; however, enforcement of the section shall take place within 60
days following its adoption in order to allow time for the applicable
businesses to comply with the provisions herein.
F.
Penalties. Any person violating this section shall, upon conviction,
be subject to a fine of not less than $100 nor more than $2,000; or
imprisonment in the county jail for a term not exceeding 90 days or
by a period of community service not exceeding 90 days. Any person
who is convicted of violating this section within one year of the
date of a previous violation of the same ordinance and who was fined
for the previous violation, shall be sentenced by a court to an additional
fine as a repeat offender. The additional fine imposed by a court
upon a person for a repeated offense shall not be less than the minimum
or exceed the maximum fine fixed for a violation of the ordinance,
but shall be calculated separately from the fine imposed for the violation
of the ordinance.
