[Adopted 4-5-1994 by Ord.
No. 1994-1]
The Borough Council finds, determines and declares
that:
A. Bay Head is a resort community and its citizens have
experienced disturbances, damage and public expense resulting from
carelessly granted and inadequately supervised seasonal rentals to
irresponsible vacationers by inept or indifferent landlords.
B. This article is enacted to preserve the peace and
tranquillity of the community for its permanent residents and to maintain
the municipality as a viable vacation resort for all persons and families
availing themselves of the facilities in the community.
C. The enactment of this article is necessary and desirable
to provide a means to curb and discourage those occasional excesses
arising from irresponsible seasonal rentals.
D. The Legislature of the State of New Jersey enacted
N.J.S.A. 40:48-2.12n et seq. to enable certain communities to take
effective action to assure that excesses, when they occur, shall not
be repeated and that landlords offering seasonal rentals be held to
sufficient standards of responsibility.
As used in this article, the following terms
shall have the meanings indicated:
HEARING OFFICER
A licensed attorney of the State of New Jersey appointed
by the Mayor, subject to the advice and consent of the Borough Council.
The hearing officer shall not own or lease any real property within
the Borough of Bay Head, nor hold any interest in the assets of or
profits arising from the ownership of such property.
LANDLORD
The person or persons who own or purport to own any building
in which there is rented or offered for rent housing space for living
or dwelling under either a written or oral lease, including, but not
limited to, any building subject to the Hotel and Multiple Dwelling
Law, P.L. 1967, c. 76 (N.J.S.A. 55:13A-1 et seq.), and owner-occupied
two-unit premises. In the case of a mobile home park, "landlord" means
the owner of an individual dwelling unit within the mobile home park.
SEASONAL RENTAL
Any rental of residential accommodations for a term of less
than one (1) year and including any part of the period extending from
May 15 to September 15.
SUBSTANTIATED COMPLAINT
An act of disorderly, indecent, tumultuous or riotous conduct
upon or in proximity to any seasonal rental premises and attributable
to the acts or incitements of any of the tenants of, those premises
which have been substantiated by prosecution and conviction in any
court of competent jurisdiction.
The hearing officer shall be a person or persons
appointed by the Mayor, subject to the advice and consent of the Borough
Council. A hearing officer shall not own or lease any real property
within the Borough of Bay Head, nor hold any interest in the assets
of or profits arising from the ownership or lease of such property.
[Adopted 3-6-2023 by Ord. No. 2023-01]
As used in this article, the following terms shall have the
meanings indicated:
BOROUGH INSPECTOR
The Borough Code Enforcement Officer or other employee or
agent of the Borough that is licensed as an individual lead inspector
and risk assessor by the New Jersey Department of Health.
DUST WIPE SAMPLING
A sample collected by wiping a representative surface and
tested in accordance with a method approved by the United States Department
of Housing and Urban Development.
LEAD ABATEMENT
Measures designed to permanently eliminate lead-based paint
hazards in accordance with standards established by the Commissioner,
state, and the Department of Community Affairs in compliance with
standards promulgated by the appropriate federal agencies.
LEAD EVALUATION CONTRACTOR
A person certified by the New Jersey Department of Community
Affairs to perform lead inspection and risk assessment work pursuant
to N.J.A.C. 5:17-1.1 et seq.
LEAD-BASED PAINT HAZARD
Any condition that causes exposure to lead from lead-contaminated
dust or soil or lead-contaminated paint that is deteriorated or present
in surfaces that would result in adverse human health effects.
TENANT TURNOVER
The time at which all existing occupants vacate a dwelling
unit and all new tenants move into the dwelling unit.
VISUAL ASSESSMENT
A visual examination for deteriorated paint or visible surface
dust, debris, or residue.
In accordance with N.J.S.A. 52:27D-437.19, the penalties for
a violation of this article shall be as follows:
A. If a property owner has failed to conduct the required inspection
or initiate any remediation efforts, the owner shall be given 30 days
to cure the violation.
B. If the property owner has not cured the violation after 30 days,
the property owner shall be subject to a penalty not to exceed $1,000
per week until the required inspection has been conducted or remediation
efforts have been initiated.