[HISTORY: Adopted by the City Council of the City of Atlantic
City 5-26-1999 by Ord. No. 18-1999; amended in its entirety 4-8-2015 by Ord. No. 23-2015. Subsequent amendments noted where applicable.]
The purpose of this chapter is to protect the public health,
safety and welfare by regulating the condition and habitability of
rooming and boarding houses.
As used in this chapter, the following terms shall have the
meanings indicated:
The Department of Licensing and Inspections, Department of
Code Enforcement.
Any person, including any corporation or association of persons
and any agency or instrumentality of state or local government, which
operates or proposes to operate a rooming or boarding house.
The holder of title in fee simple and/or a leasehold interest
pursuant to an assignment of a lease in and to the premises, and any
lessor or sublessor of whom an operator is or proposes to become a
sublessor in connection with an application for a license, or for
renewal thereof, pursuant to this chapter.
The most recent population count reported by the Department
of Labor.
A rooming or boarding house licensed pursuant to N.J.S.A.
55:13B-1 et seq. A rooming house is defined as a boarding house wherein
no personal or financial services are provided to the residents [N.J.S.A.
55:13-3(h)].
The responsibility for the enforcement of the provisions of
this chapter shall be with the Department of Licensing and Inspections,
Division of Code Enforcement (hereinafter referred to as the "licensing
authority").
A.
No rooming house or boarding house shall be hereafter located or
operated in the City of Atlantic City except on a premises licensed
for that purpose by the licensing authority as established herein.
B.
Any rooming or boarding house that is in lawful operation on the
date of the enactment of this chapter shall be entitled to continue
in operation for one year from the date and, if the owner of the premises
applies for licensure not later than the 60th day next preceding the
expiration of that year, until a final determination is made upon
that application.
A.
Application for an annual license pursuant to this chapter shall
be made by the owner to the licensing authority. The application shall
be in such form and shall contain such information and declarations
as may be prescribed by the licensing authority. The application,
together with the application fee of $100, shall be filed with the
Division of Code Enforcement, City Hall, Room 102. In addition to
all the required documents to be submitted with the application, a
processing fee of $25 shall be included, at the time the application
is submitted, for the cost of acquiring the application necessary
for a New Jersey State background check. In the event that the owner
is a corporation, each officer of the corporation shall submit to
the background check, with a separate background application fee for
each corporate officer. In the event that the applicant is an officer
in multiple corporations which are owners of rooming or boarding houses,
the applicant shall submit to one background check for the licensing
period. The application shall also designate who the operator/manager
of the premises shall be. Any operator/manager of the premises shall
also submit to a background check, with the payment of a fee of $25.
Should your operator/manager change during the year, he/she will be
subject to a background check and will need to obtain an application
from the licensing authority with the payment of a fee of $25.
B.
In the event that the application for a rooming and boarding house
license is denied, 90% of the application fee shall be refunded and
10% retained to defray the expenses of the City of Atlantic City in
carrying out its functions under this chapter. The City will retain
the fee in full for the background check application.
C.
All applications by a natural person, partnership or unincorporated
association of natural persons shall be duly sworn to by each of the
applicants. An application by a corporation shall be duly sworn to
be the president or vice president of the corporation. All statements
in the application shall be deemed material, and any person who knowingly
misstates any material facts therein shall be guilty of a crime of
the fourth degree pursuant to N.J.S.A. 40:52-10.
The licensing authority shall review any such application made
pursuant to this chapter as may be necessary to establish:
A.
With respect to the premises for which a license is sought:
(1)
That they are in compliance with all applicable federal, state, county
and City regulations, including but not limited to the City Building
Code, Land Use Code, Property Maintenance Code and any other housing,
health and safety codes and regulations. An inspection performed by
a municipal enforcement agent under a contractual agreement with the
Department of Community Affairs pursuant to N.J.S.A. 55:13B-1 et seq.,
and may be deemed by the licensing authority to satisfy the investigation
requirements of this section; such inspection shall be performed by
and be under the jurisdiction of the licensing authority.
(2)
That the location of the premises will not be within 1,000 feet of
the boundary line of any other premises for which a license is in
force, except that this provision shall not apply where a rooming
or boarding house has been in lawful operation prior to the enactment
of this chapter.
(3)
That all real estate taxes, sewer, water, user and connection fees
and all other municipal liens and charges are current up to and including
the quarter within which the application shall take place. If it is
determined through the investigation of the licensing authority that
any such municipal charges are outstanding, then this shall disqualify
the application until such time as the municipal charge are paid current.
(4)
There is an annual inspection for each rentable room enumerated on
your license to own and/or operate a rooming and boarding house issued
by the Department of Community Affairs pursuant to 55:13B-7.
(5)
The initial annual inspection fee for each rentable room is $30,
regardless of the number of changes in tenancy. The entire property
will also be inspected during annual inspections, which will include
all common areas, exterior of the property, etc.
[Amended 3-2-2016 by Ord.
No. 8-2016]
(6)
There will be a reinspection fee of $20 per rentable room, $50 for
common areas, and $50 for the exterior of the property.
B.
With respect to the owner or owners of the premises:
(1)
If a natural person or persons, that he, she or they are 21 years
of age or older, and never convicted, in this state or elsewhere,
of a crime involving moral turpitude or of any crime under any law
of this licensing or regulating a rooming or boarding house and have
never had a license required pursuant to N.J.S.A. 55:13B-1 et seq.,
revoked.
(2)
If a corporation, that all officers and members of the board of directors,
and every stockholder holding 10% or more of the stock of the corporation,
directly or indirectly having a beneficial interest therein, have
the same qualifications as set forth in this subsection for an applicant
who is a natural person.
C.
With respect to the operator/manager or the proposed operator/manager,
that he/she meets the requirements for licensure by the Department
of Community Affairs and requirements for licensure of a natural person
under this section.
D.
That unless the owner has paid all municipal property taxes due and
owning on the rooming and boarding house or any other rooming or boarding
house located within the municipality and owned by the owner, or in
the case of an initial application, unless the applicant has paid
all municipal property taxes due and owning on the rooming and boarding
house or any due and owning on any other rooming and boarding house
located within the municipality and owned by the applicant, no application
for license may be considered by the licensing authority, provided
that the owner or applicant has received written notice of any payment
delinquency which has remained unpaid for more than 120 days.
E.
That the applicant has complied with the regulations adopted in accordance
with N.J.S.A. 55-13B-1 et seq., the Rooming and Boarding Act of 1979.
A.
No license shall be issued which would result in increasing the total
number of persons authorized to be residents in rooming or boarding
houses within the City of Atlantic City to more than 1/2 of 1% of
the population of the City of Atlantic City. Nothing in this subsection
shall warrant refusal of a license or license renewal of premises
where a rooming or boarding house has been in lawful operation prior
to the enactment of this chapter.
B.
No license shall be issued for premises when any part of the boundary
line of the premises is within 1,000 feet of the boundary line of
any other premises for which a license is in force. Nothing in this
subsection shall warrant refusal of a license or a license renewal
of premises where a rooming or boarding house has been in lawful operation
prior to the enactment of this chapter.
A.
The licensing authority shall determine, in accordance with the requirements under §§ 211-5, 211-6 and 211-7 of this chapter, whether to grant the license. A license, when issued, shall be valid for one year from the date of issuance and until such time as the licensing authority has acted upon an application for renewal, unless sooner terminated by revocation pursuant to the terms of this chapter.
B.
Not later than the 60th day preceding the anniversary date of issuance,
the holder of a license shall make application to the licensing authority
has acted upon an application for renewal, unless sooner terminated
by revocation pursuant to the terms of this chapter.
A.
The licensing authority may revoke or refuse to renew a license granted
under this chapter for any of the following reasons:
(1)
A finding that there was a misstatement of a material fact in the
application upon which the license was issued.
(2)
The occurrence of any fact which, had it occurred and been known
to the licensing authority before the issuance of the license, would
have resulted in the denial of the application.
(3)
Repeated violations, or prolonged failure of at least 60 days to
correct any violations, of any applicable federal, state, county and/or
regulations of the Atlantic City Building Code, Land Use Code, Property
Maintenance Code and all other housing, health or safety code regulations,
including municipal regulations adopted in accordance with N.J.S.A.
40:52-10.
(4)
Refusal to allow access to any portion of the licensed premises at
all reasonable times, with or without advance notice, in order that
officers or agents of the Site Licensing Board or any official charged
with enforcement within the municipality of the building, housing,
health or safety code or regulations applicable to the premises may
determine compliance with such codes or regulations.
(5)
Revocations by the Department of Community Affairs of the operator's
license or other authorization to operate a rooming or boarding house
on the premises.
(6)
Notification by the Department of Community Affairs that the premises
are not or are no longer suitable for operation of a rooming or boarding
house on the premises.
(7)
Failure or refusal to comply with any lawful regulation or order
of the licensing authority.
(8)
A determination by the licensing authority that the issuance or renewal
of a license to such a person would be contrary to the best interests
of the residents of any rooming or boarding house or the public generally
based upon the regulations and conditions set forth in this chapter.
B.
A license shall not be revoked until five days' prior notice
of the grounds therefor has been served upon the licensee, either
personally or by certified mail addressed to the licensee at the licensed
premises, or, if the owner is a corporation, at the corporate address,
and a reasonable opportunity be given to the licensee to be heard
by the Director of Licensing and Inspections.
A.
Upon determination by the Licensing Authority to refuse the granting
or renewal of a license or to revoke a license, the licensee affected
shall be entitled to appeal that decision within 30 days by filing
a written notice of appeal with the Director of Licensing and Inspections.
The Director shall conduct a hearing at which time evidence may be
presented by either party. The licensee may appeal the Director's
decision to the Commissioner of the Department of Community Affairs
and contest the decision at an administrative hearing pursuant to
the Administrative Procedure Act, P.L. 1968, c. 410 (N.J.S.A. 52:14B-1
et seq.).
[Amended 4-10-2019 by Ord. No. 12-2019]
B.
If an applicant for license renewal has made timely and sufficient
application for a renewal in accordance with the provisions of this
chapter and the rules of licensing pursuant thereto, his license shall
not expire until any appeals under this section have been finally
determined and finalized.
[Amended 4-10-2019 by Ord. No. 12-2019]
Any person, firm or corporation who violates or neglects to
comply with any provision of this chapter or any rule, regulation
or directive promulgated pursuant thereto shall be penalized, following
a hearing before the Director of Licensing and Inspections, by a civil
penalty of not less than $50 and not to exceed $5,000. The licensee
may appeal the Director's order to the Commissioner of the Department
of Community Affairs and contest the order at an administrative hearing
pursuant to the Administrative Procedure Act, P.L. 1968, c. 410 (N.J.S.A.
52:14B-1 et seq.)
This chapter, being necessary for the welfare of the City and
its inhabitants, shall be liberally construed to effectuate the purposes
thereof.
