All rental units, hereby defined as any "apartment,"
"dwelling," "building," "dwelling unit," "habitable room" or "lodging
unit," as defined by this chapter, regardless of the consideration
for occupancy, including but not limited to money paid, services rendered
or an accommodation incident to employment, shall not for inhabitation
purposes permit more than the number of persons which has been computed
in accordance with the following:
A. Every room occupied for sleeping purposes by one occupant
shall contain at least 70 square feet of floor area, and every room
occupied for sleeping purposes by more than one person shall contain
at least 50 square feet of floor area for each occupant thereof.
B. Rental units shall not be occupied by more occupants
than permitted by the minimum occupancy area requirements of Table
155-1B.
|
Table 155-1B
Minimum Occupancy Area Requirements
Minimum Occupancy Area in Square Feet
|
---|
|
Space
|
1 to 2 occupants
|
3 to 5 occupants
|
6 or more
|
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|
Living room
|
No requirements
|
120
|
150
|
|
Dining room
|
No requirements
|
80
|
100
|
|
Kitchen
|
50
|
50
|
60
|
|
Bedrooms
|
|
C. Combined living-room and dining-room spaces shall
comply with the requirements of Table 155-1B if the total area is
equal to that required for separate rooms and if the space is so located
that it functions as a combination living room/dining room.
D. Decks/porches. The maximum allowable occupancy on
any deck shall be one person per nine square feet.
[Amended 9-13-2010 by Ord. No. 2010-20; 2-9-2015 by Ord. No. 2015-6C]
A. For the purposes of this section, the terms used herein
are defined as follows:
HEARING OFFICER
A person designated to hear and determine proceedings pursuant
to this section.
LANDLORD
The person or persons who own or purport to own a building
in which there is rented or offered for rent housing space for living
or dwelling under either a written or oral lease. In the case of a
mobile home park, "landlord" shall mean the owner of an individual
dwelling unit within the mobile home park.
B. Complaints. If in any twenty-four-month period two complaints, on separate occasions, of disorderly, indecent, tumultuous or riotous conduct, or violations of Chapters
155; 151, 134; 141; 136; complaints in occupation in excess of the minimum size of sleeping quarters, or other ordinance violations of such character upon or in proximity of any rental premises, and attributable to the acts or incitements of any of the tenants of those premises or their guests, have been substantiated by prosecution and conviction in any court of competent jurisdiction, the Borough governing body or any officer or employee of the Borough designated by the governing body for the purpose may institute proceedings to require the landlord of those premises to post a bond against the consequences of future incidents of similar character.
C. Notice requirements. The Mayor and Council, or person designated pursuant to Subsection
B hereof, shall cause to be served upon the landlord, in person or by registered mail to the address appearing on the tax records of the Borough, notice advising of the institution of such proceedings, together with particulars of the substantiated complaints upon which those proceedings are based, and of the time and place at which a hearing will be held in the matter, which shall be in the Borough Hall, Municipal Court or other public place within the Borough of Beach Haven, and which shall be no sooner than 30 days from the date upon which the notice is served or mailed.
D. Hearings.
(1) Hearings and decisions held and made under this section
are to be conducted and decided by a licensed attorney of the State
of New Jersey who shall not be an owner or lessee of any real property
within the Borough of Beach Haven, nor hold any interest in the assets
of or profits arising from the ownership or lease of such property.
(2) The hearing officer shall give full hearing to both
the complaint on behalf of the Borough of Beach Haven, and to any
evidence in contradiction or mitigation that the landlord, if present
or represented and offering such evidence, may present. The hearing
officer may consider, to the extent deemed relevant by the hearing
officer, prior complaints about the property, even if those complaints
did not result in a conviction. 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 section.
E. Posting of bond required.
(1) 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:
(a)
Damages likely to be caused to public or private
property and damages consequent upon disruption of affected residents'
rights of fair use and quiet possession of this premises.
(b)
Securing the payment of fines and penalties
likely to be levied for such offenses.
(c)
Compensating the Borough for the cost of repressing
and prosecuting such incidents of disorderly behavior.
(2) No such bond shall be in an amount less than $500
or more than $5,000.
F. Enforcement of bond. The Borough may enforce the bond
required by action in Superior Court and shall, pursuant to N.J.S.A.
40:48-2.12q.d., be entitled to an injunction prohibiting the landlord
from making or renewing any lease of the affected premises for residential
or other purposes until that bond or equivalent security, in satisfactory
form and amount, has been deposited with the Borough.
G. Term of bond. A bond or other security deposited in
compliance herewith shall remain in force for a period of not less
than two or more than four years as determined in accordance with
the discretion of the hearing officer. Upon the lapse of the specified
period, the landlord shall be entitled to the discharge thereof, unless
prior thereto further proceedings leading to a forfeiture or partial
forfeiture of the bond or other security shall have been effected,
in which case the security shall be renewed, in an amount and for
a period that shall be specified by the hearing officer.
H. Forfeiture, extension, increase in amount of security;
proceedings thereon.
(1) If a substantiated complaint is recorded against the
property in question during the period for which a landlord is required
to give security pursuant to this section, the Mayor and Council,
or their designees, may institute proceedings against the landlord
for the forfeiture or the partial forfeiture of the security, for
an extension as provided herein for the period for which security
is required, for an increase in the amount of the security required,
or for any or all of those purposes.
(2) 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 herein. 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 and shall be taken only to the extent
that the nature of the substantiated complaint or complaints out of
which proceedings arise indicates the appropriateness of such change
in order to carry out the purposes of this section effectually. The
decision of the hearing officer in such circumstances shall be enforceable
in the same manner as provided.
[Amended 9-13-2010 by Ord. No. 2010-20]
Any of the violations referred to in this chapter
may be enforced, as applicable, by the Police Department, the Building
Department, or such other persons designated by the Borough Manager,
or having such authority by law.