[HISTORY: Adopted by the Borough Council
of the Borough of Bay Head as indicated in article histories. Amendments
noted where applicable.]
[Adopted 4-5-1994 by Ord.
No. 1994-1]
The Borough Council finds, determines and declares
that:
A.Â
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.Â
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.Â
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.Â
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:
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.
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.
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.
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.
A.Â
If, in any one (1) year, three (3) complaints on separate
occasions 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,
have been substantiated by prosecution and conviction in any court
of competent jurisdiction, the Borough Council or any officer or employee
of the Borough of Bay Head so designated by the Borough Council for
this purpose, may institute proceedings to require the landlord of
the seasonal rental premises to post a bond against the consequences
of future incidents of the same character.
B.Â
The Borough Council or any officer or employee of
the municipality designated by the Borough Council shall cause to
be served upon the landlord, in person or by registered mail, to the
address appearing on the tax records of the municipality, notice advising
of the institution of such proceedings, together with particulars
of the substantiated complaint upon which those proceedings are based,
and of the time and place at which the hearing will be held in the
matter, which shall be in the Municipal Building, Municipal Court
or such other public place as designated by the Borough Council, and
which shall be no sooner than thirty (30) days from the date upon
which the notice is served or mailed.
C.Â
At the hearing convened pursuant to Subsection B above, the hearing officer shall give full hearing to both the complaint of the municipality and to any evidence in contradiction or mitigation that the landlord, if present or represented and offering such evidence, may present. At the conclusion of the hearing, the hearing officer shall determine whether the landlord shall be required to post a bond in accordance with the terms of this article.
D.Â
Any bond required to be posted shall be in accordance
with the judgment of the hearing officer, in light of the nature and
extent of the offenses indicated in the substantiated complaints upon
which the proceedings are based, to be adequate in the case of subsequent
offenses to make reparation for:
(1)Â
Damages likely to be caused to public or private property
and damages consequent upon disruption of affected residents' rights
of fair use and quiet enjoyment of their premises.
(2)Â
Securing the payment of fines and penalties likely
to be levied for such offenses.
(3)Â
Compensating the municipality for the costs of repressing
and prosecuting such incidents of disorderly behavior; provided, however,
that no such bond shall be in an amount less than five hundred dollars
($500.) nor more than five thousand dollars ($5,000.). The municipality
may enforce a bond thus required by action in the Superior Court and
shall be entitled to an injunction prohibiting the landlord from making
or renewing any lease of the affected premises for residential purposes
until that bond or equivalent security, in satisfactory form and amount,
has been deposited with the municipality.
E.Â
Any bond or other security deposited in compliance with Subsection D above shall remain in force for a period of four (4) years. Upon the lapse of the four-year period, the landlord shall be entitled to the discharge of the bond, unless prior thereto further proceedings leading to a forfeiture or partial forfeiture of the bond or other security shall have been had under § 189-4 below, in which case the security shall be renewed in an amount and for a period that shall be specified by the hearing officer. A transfer of ownership or control of the property shall not void a requirement for security imposed under this article. The person or persons to whom ownership or control is transferred shall maintain that security and shall be subject to injunctive proceedings as authorized by Subsection D above, in the same manner as the landlord upon which the requirement was originally imposed; provided, however, that the Borough Council may, by resolution, shorten the period for which security is required to not less than one (1) year from the date of the transfer of ownership or control if during that year no substantiated complaints are recorded with respect to the property in question.
A.Â
If during the period for which a landlord is required to give security pursuant to § 189-3 above a substantiated complaint is recorded against the property in question, the Borough Council or its designee may institute proceedings against the landlord for the forfeiture or partial forfeiture of the security; for an extension as provided in § 189-3E above of the period for which the security is required; for increase in the amount of security required; or for any or all of those purposes.
B.Â
Any forfeiture or partial forfeiture of security shall be determined by the hearing officer solely in accordance with the amount deemed necessary to provide for the compensatory purposes set forth in § 189-3D above. Any decision by the hearing officer to increase the amount or extend the period of the required security shall be determined in light of the same factors set forth in § 189-3D above and shall be taken only to the extent that the nature of the substantiated complaint or complaints out of which proceedings arise under this section indicates the appropriateness of such change in order to effectually carry out the purposes of this article. The decision of the hearing officer in such circumstances shall be enforceable in the same manner as provided in § 189-3D above.
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:
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.
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.
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.
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.
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.
The time at which all existing occupants vacate a dwelling
unit and all new tenants move into the dwelling unit.
A visual examination for deteriorated paint or visible surface
dust, debris, or residue.
A.Â
Initial inspection. Every single-family, two-family, or multiple
rental dwelling unit offered for rental must be inspected for lead-based
paint by July 24, 2024, or upon tenant turnover, whichever is earlier.
(1)Â
Either a Borough Inspector or a lead evaluation contractor retained
by the Borough shall inspect every single-family, two-family, or multiple
rental dwelling located in the Borough of Bay Head for lead-based
paint hazards through visual assessment and dust wipe sampling in
accordance with N.J.S.A. 52:27D-437.1 et seq.
(2)Â
In lieu of having the dwelling inspected by the Borough's lead
evaluator, a dwelling owner or landlord may directly hire a private
lead evaluation contractor who is certified to provide lead paint
inspection services by the Department of Community Affairs to perform
the lead-based paint inspection in accordance with N.J.S.A. 52:27D-437.1
et seq.
B.Â
Periodic inspection procedure. Every single-family, two-family, or
multiple rental dwelling unit offered for rental shall be required
to obtain an inspection of the unit for lead-based paint hazards every
three years, or at tenant turnover, whichever is earlier, except that
an inspection upon tenant turnover shall not be required if the owner
has a valid lead-safe certification, which is valid for two years.
(1)Â
If the lead-safe certification has expired, and there is tenant turnover,
a reinspection will be required prior to the expiration of the three-year
period from the last inspection.
C.Â
Exceptions. A dwelling unit in a single-family, two-family, or multiple
rental dwelling shall not be subject to inspection and evaluation
for the presence of lead-based paint hazards if the unit:
(1)Â
Has been certified to be free of lead-based paint;
(2)Â
Was constructed during or after 1978;
(3)Â
Is in a multiple dwelling that has been registered with the Department
of Community Affairs as a multiple dwelling for at least 10 years,
either under the current or a previous owner, and has no outstanding
lead violations from the most recent cyclical inspection performed
on the multiple dwelling under the Hotel and Multiple Dwelling Law,
N.J.S.A. 55:13A-1 et seq.;
(4)Â
Is a single-family or two-family seasonal rental dwelling which is
rented for less than six months' duration each year by tenants
that do not have consecutive lease renewals; or
(5)Â
Has a valid lead-safe certification.
D.Â
Lead-safe certification. If no lead-based paint hazards are identified,
then the Borough's lead evaluator or Borough Inspector shall
certify the dwelling as lead-safe on a form prescribed by the Department
of Community Affairs, which shall be valid for two years.
E.Â
Remediation of hazard. If lead-based paint hazards are identified,
then the owner, landlord, and/or agent of the nonexempt dwelling shall
remediate the lead-based paint hazard using lead abatement or lead-based
control methods in accordance with N.J.S.A. 52:27D-437.16d. Upon the
remediation of the lead-based paint hazard, the Borough Inspector
or Borough's lead evaluation contractor shall conduct an additional
inspection of the unit to certify that the hazard no longer exists.
A.Â
Pursuant to N.J.S.A. 52:27D-437.16e, property owners on nonexempt
dwelling units shall:
(1)Â
Provide evidence of valid lead-safe certification and the most recent
tenant turnover at the time of the cyclical inspection;
(2)Â
Provide evidence of a valid lead-safe certification to new tenants
of the property at the time of tenant turnover, unless not required
to have had an inspection by a lead evaluation contractor or permanent
local agency pursuant to this article.
(3)Â
Maintain records of lead-safe certification, which shall include
the name(s) of the unit tenant(s), if inspection was conducted during
a period of tenancy.
A.Â
Notwithstanding any other fees due pursuant to this chapter, a fee
in the amount of $200 shall be paid for each lead-based paint inspection.
Said fee shall be dedicated to meeting the costs of implementing and
enforcing this article and shall not be used for any other purpose.
Alternatively, a dwelling owner or landlord may directly hire a private
lead evaluation contractor who is certified to provide lead paint
inspection services by the Department of Community Affairs to satisfy
the requirements of this article, in which case no additional lead-based
paint inspection fee shall be paid.
B.Â
The fee for the filing of a lead-safe certification or lead-free
certification shall be $50.
C.Â
In a common interest community, any inspection fee charged shall
be the responsibility of the unit owner and not the homeowners'
association, unless the association is the owner of the unit.
D.Â
In accordance with N.J.S.A. 52:27D-437.16h, an additional fee of
$20 per dwelling unit inspected by the Borough's lead evaluation
contractor, Borough Inspector or the owner's private lead evaluation
contractor shall be addressed for the purpose of the Lead Hazard Control
Assistance Act,[1] unless the owner demonstrates that the Department of Community
Affairs has already assessed an additional inspection fee of $20.
The fees collected pursuant to this subsection shall be deposited
into the Lead Hazard Control Assistance Fund.
[1]
Editor's Note: See N.J.S.A. 52:27D-437.1 et seq.
The Borough shall:
In accordance with N.J.S.A. 52:27D-437.19, the penalties for
a violation of this article shall be as follows:
A.Â
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.Â
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.
