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City of Somers Point, NJ
Atlantic County
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Table of Contents
Table of Contents
[Adopted 7-25-1996 by Ord. No. 11-1996; amended in its entirety 4-26-2012 by Ord. No. 6-2012]
[1]
Editor's Note: For regulations concerning multiple-occupancy dwellings, see now Art. V of this chapter.
This article shall be known as Article III, Chapter 169, of the Code of the City of Somers Point and shall be entitled "Regulations for Buildings and Structures to Prevent Conditions Harmful to the Public Health, Sanitation, Safety and Public Welfare."
Unless the context clearly indicates a different meaning, the words or phrases, when used in this article, shall have the meanings set forth in the BOCA International Property Maintenance Code, as adopted in § 169-20 of the Code of the City of Somers Point. The word "motel" in this article will have the same definition as "hotel" in said BOCA International Property Maintenance Code.
This article shall be applicable to all hotels and motels located in the City of Somers Point.
As authorized by N.J.S.A. 40:48-2.12c, all hotels and motels shall be registered as provided herein. Every owner shall file with the City Clerk of the City of Somers Point a completed registration form in a form to be provided by the City, within 30 days of the enactment of this article. Thereafter, every owner shall file such form annually within 30 days of the anniversary date of the original filing. The form shall include but need not be limited to the following information:
A. 
The name and address of the owner or owners of the premises. In the case of a partnership, the names and addresses of all partners shall be provided, together with the telephone numbers for each of such individuals indicating where such individuals may be reached both during the day and evening hours. If the owner is a corporation, the names and addresses of the registered agent and corporate officers of said corporation, including their addresses and telephone numbers, shall be provided.
B. 
If the address of any owner is not located in the County of Atlantic, the name and address of a person who resides in the County of Atlantic who is authorized to accept notices.
C. 
The name and address of the operator of the premises, if any.
D. 
The name and address, including the dwelling unit, apartment or room number, and telephone number of the superintendent, janitor, custodian or other individual employed by the owner or operator to provide regular maintenance service, if any.
E. 
The name, address and telephone number of an individual representative of the owner or operator who may be reached or contacted at any time in the event of an emergency, including such emergencies as the failure of any essential service or system, and who has the authority to make emergency decisions concerning any repair thereto or expenditure in connection therewith.
No person shall hereafter occupy any hotel or motel, nor shall the owner permit occupancy of any hotel or motel which is subject to this article, which has not been registered and issued a certificate of occupancy in accordance with this article.
The City Clerk shall index and file all registration forms and make them reasonably available for public inspection. The City Clerk shall maintain a master index of all such registration forms, and any person may obtain from the City Clerk a list of all hotels or motels registered upon payment of a reasonable fee to cover reproduction and copy costs.
Every owner required to file a registration form pursuant to this article shall file an amended registration form within 20 days after any change in the information required to be included therein. No fee shall be required for the filing of an amendment.
The provisions of this article shall be administered and enforced consistent with the powers granted in N.J.S.A. 40:48-2.9 to the Construction Official of the City of Somers Point.
A. 
The City of Somers Point shall administer this article consistent with the applicable laws of New Jersey regarding public health, sanitation, safety and public welfare pertaining to hotels and motels, including but not limited to the following:
(1) 
The BOCA International Property Maintenance Code, as adopted by the City in § 169-20 of the Code of the City of Somers Point.
(2) 
The State Uniform Construction Code, as adopted by the State of New Jersey pursuant to N.J.S.A. 52:27D-123.
B. 
Three copies of these documents are on file in the office of the City Clerk pursuant to N.J.S.A. 40:49-5.1, and copies are available for inspection and copying by the general public upon payment of a reasonable fee to cover reproduction and copy costs.
All hotels and motels shall be required to have a certificate of occupancy. Inspections will be conducted once a year. The Construction Official shall conduct an inspection and issue a certificate of occupancy, or a written denial setting forth the specific reasons for such denial, within one week of the inspection. The standards for the issuance of a certificate of occupancy are set forth in § 169-34.
A. 
Whenever the Construction Official determines that there are reasonable grounds to believe that there has been a violation of any provision of this article, notice of such alleged violation shall be given to the owner or operator of the premises, as hereinafter provided. Such notices shall be in writing, listing the various violations and the section or subsection of this article and/or the standards of the codes referenced in § 169-34 that were violated, and allow a reasonable time to abate or correct such violations, not to exceed 60 days from the date of such notice. Such notice shall be served personally on the owner or his operator or shall be sent, by certified mail, to the owner's address on file with the City Clerk. In the event that service cannot be effected, the Construction Official shall post a copy on the building where the violations occurred, or the notice shall be served by any other method authorized under the laws of this state.
B. 
At the expiration of the time given to correct a violation as set forth in the notice of violation, whenever, in the discretion of the Construction Official, a reasonable effort has not been made by the owner or operator to abate or correct the violations enumerated, the Construction Official may summon such person before the Municipal Court of this City, or any other court having jurisdiction, for the violation or violations.
The City shall by resolution enact, and from time to time may amend, standardized fees for the following:
A. 
The fee for filing the registration form required in § 169-28.
B. 
The fee for the inspection for a certificate of occupancy.
C. 
The fee for a reinspection as a result of a violation.
Accurate and up-to-date written records shall be kept by the Construction Official of the status of inspections and certificates of occupancy issued on all buildings covered by this article.
The City shall by resolution enact, and from time to time may amend, standardized penalties for violations that are not abated or corrected at the expiration of such reasonable time set forth by the Construction Official to abate or correct. In no event shall any penalty exceed the maximum authorized by N.J.S.A. 40:49-5.