Unless the context clearly indicates a different meaning, the
following words or phrases when used in this chapter shall have the
following meaning:
The individual or individuals designated by the owner as
the person(s) authorized by the owner to perform any duty imposed
upon the owner by this chapter, provided that in order to be an agent
or managing agent the individual designated must reside in Atlantic
County, New Jersey as set forth in N.J.S.A. 46:8-28(c). The term does
not include a licensed real estate broker or salesman of the State
of New Jersey as those terms are defined by N.J.S.A. 45:15-3; unless
such broker or salesperson shall affirmatively consent to act as such
agent or managing agent.
Any apartment, cottage, bungalow or other dwelling unit consisting
of one or more rooms occupying all or part of a floor or floors in
a building of one or more floors or stories, but not the entire building,
whether designed with or without housekeeping facilities for dwelling
purposes and notwithstanding whether the apartment be designed for
residence, for office, or the operation of any industry or business,
or for any other type of independent use.
Any building or structure, or part thereof, used for human
habitation, use or occupancy and includes any accessory buildings
and appurtenance belonging thereto or usually enjoyed therewith. Consistent
with the definitions contained in the Uniform Construction Code (UCC)
and the Uniform Fire Code (UFC), "building" shall also mean a structure
enclosed with exterior walls or fire walls, built, erected and framed
of component structural parts, designed for the housing, shelter,
enclosure and support of individuals, animals or property of any kind.
When used herein, building and structure shall be interchangeable
except where the context clearly indicates otherwise.
Any room or rooms, or suite or apartment thereof, whether
furnished or unfurnished, which is occupied, or intended, arranged
or designed to be occupied, for sleeping or dwelling purposes by one
or more persons, including but not limited to the owner thereof, or
any of his servants, agents or employees, and shall include all privileges,
services, furnishings, furniture, equipment, facilities, and improvements
connected with use or occupancy thereof. This definition applies only
to those dwelling units, including single-family residences, which
are available for lease or rental purposes. Consistent with the definitions
contained in the Uniform Construction Code (UCC) and the Uniform Fire
Code (UFC) the definition shall also mean a single unit providing
complete, independent living facilities for one or more persons living
as a single, housekeeping unit, including permanent provisions for
living, sleeping, eating, cooking and sanitation.
See definition of "visitors."
See definition of "owner."
The license issued by the City attesting that the rental
unit has been properly inspected and licensed at required intervals
in accordance with this chapter.
Shall be for a maximum term of 12 months as defined in § 246-13 of this chapter.
The person to whom the license is issued pursuant to this
chapter. The term "licensee" includes within its definition the term
"agent" or "managing agent," where applicable.
The municipal official or employee designated to receive
rental license applications and registrations and to issue licenses
pursuant to this chapter.
See definition of "agent."
Person who resides in a rental unit, including, but not limited
to, the named tenant(s). The term shall include residents, overnight
visitors and children. The term shall not include those visitors or
guests who are not residing therein.
The person who owns, purports to own or exercises control
over any building. Consistent with the definitions contained in the
Uniform Construction Code (UCC) and the Uniform Fire Code (UFC), "owner"
shall also mean the owner or owners in fee of the property or a lesser
estate therein, a mortgagee or vendee in possession, an assignee of
rents, receiver, executor, trustee, lessee or any other person, firm
or corporation, directly or indirectly in control of a building, structure
or real property and shall include any subdivision thereof of the
state.
An individual, firm, corporation, partnership, association,
trust or other legal entity, or any combination thereof.
An individual who is licensed by the State of New Jersey
as a real estate salesperson, a real estate broker-salesperson, and/or
a real estate referral agent, as those terms are defined in the New
Jersey Real Estate Brokers and Salesmen Act ("Brokers Act"), N.J.S.A.
45:15-1 to -29.5.
The person who negotiates for the lease of the rental unit
on behalf of the owner. Such person shall be the holder of the required
license mandated by the State of New Jersey. The rental agent is not
the managing agent under the terms of this chapter unless the rental
agent should expressly consent to assume such duties or obligations.
A building or structure which contains one or more rental
units including, but not limited to, resort houses, which is rented,
leased, subleased or occupied by a tenant. The term "rental property"
shall not include any property covered by the New Jersey Hotel and
Multiple Dwelling Law. N.J.S.A. 55:13A-1, et seq.
Collectively the term apartment or dwelling, building, dwelling
unit, as defined by this chapter. This definition shall not apply
to any single-family home which is not available for rental purposes.
A residentially styled structure that is used, maintained, marketed, promoted and/or advertised as a destination location available for rent, lease or sub-lease for a gathering of invited guests for functions and special events, including, but not limited to, weddings, retreats, family reunions, parties and meetings. A resort house is a commercial use appropriate only in areas zoned for hotel/motel use and never has been permitted as a legal use under existing ordinance standards. A resort house is a commercial use and is not a traditional single-family residence and requires more off-street parking in order to accommodate the number of guests. Traditional seasonal rentals as defined in Chapter 246 or bed and breakfast establishments, licensed by the City and intended to accommodate not more than 18 persons shall not be considered to be resort houses.
Shall have the same meaning as that of "short-term rental"
but, in addition thereto, shall encompass any rental between May 1
through September 30.
Any lease or tenancy, whether written or oral for any term
of less than 175 consecutive days where the tenant(s) has/have a permanent
place of residence elsewhere, and shall include any tenancy between
May 1 and September 30.
Any person who occupies any rental unit, as a named lessee,
pursuant to the terms of a lease agreement, whether written or oral,
or who occupies a rental unit pursuant to permission or license of
any kind granted by an owner or owner's agent. The term shall
be construed liberally to include not only tenants but guests and
occupants. The term shall also include subtenants.
A person or persons who, on a temporary or occasional basis,
visit(s) a rental unit at the express or implied invitation of the
tenant(s) but who does/do not reside there or sleep there. The term
is the same as "guests."
This article shall be known as the "Rental License Regulations"
of the City.
A.
Introduction. All rental properties, or properties containing rental
units, including but not limited to resort houses, are subject to
licensing and inspection by the City. All such properties, in addition
to the requirement of being licensed and inspected by the City, are
also required to be registered pursuant to the Landlord Registration
Act. Registration applies to all rental properties, except those containing
one or two rental units which are owner-occupied. Multiple dwellings
containing three or more units, regardless or whether or not any of
the units are rentals, must be registered with the State of New Jersey.
B.
License requirements. This chapter is applicable to each and every
rental unit or rental property which shall include:
C.
Registration requirements. In addition to the licensing requirements
imposed by this chapter, certain properties must also be registered
with either the City or the State of New Jersey pursuant to the Landlord
Registration Act, N.J.S.A. 46:8-27 to 46:8-37. That law requires:
(1)
Registration of all rental properties, except for owner-occupied
properties which contain one or two rental units in accordance with
the following:
(a)
Properties containing less than three rental units, except for
owner-occupied properties containing one or two unit(s), must be registered
with the City Clerk or the designee of the City Clerk.
(b)
Those properties containing three or more rental units must
be registered with the State of New Jersey.
(c)
All multiple dwellings containing three or more units, regardless
of whether or not any of the units are rentals, must be registered
with the state.
D.
Inspection requirements. In addition to the licensing and registration requirements applicable to rental properties, certain other properties, even though they are not subject to the licensing requirements of Chapter 246, are nonetheless subject to periodic inspection by the City pursuant to Chapter 175 of the Brigantine City Code. The frequency of such inspections is determined by New Jersey State Law.
A.
It is the stated policy of the City that every property containing
rental unit(s) within the City, including one or two rental units
that are owner-occupied, shall be required to submit to inspection
and be licensed in order to be leased or occupied.
B.
It is the opinion of the City Council, the legislative body of the
City, that such licensing is necessary for the protection of the public;
to establish the location of all such rental units in order to protect
and promote the enforcement of land use ordinances, such as zoning,
site plan, subdivision, and other similar ordinances of the City;
to provide emergency response teams with adequate knowledge of the
location of such units within the City in order to assist in timely,
efficient and appropriate response in event of an emergency affecting
such property or the occupants thereof; for the purpose of assisting
in the periodic review and updating of the Municipal Master Plan;
in order to assist the City in providing adequate facilities involving
sewer, water, fire protection, solid waste disposal and the disposal
of recyclable items and materials and related services; and otherwise
to promote the public health, safety and welfare.
C.
Moreover, as recognized by the New Jersey State Legislature in enacting
N.J.S.A. 40:48-2.12(n) many municipalities in this state, and the
residents thereof, have experienced disturbances, damages and public
expense resulting from carelessly granted and inadequately supervised
rentals to irresponsible tenants by inept or indifferent landlords.
The stated purpose of N.J.S.A. 40:48-2.12(n) was to enable municipal
governing bodies to take effective action to assure that excesses,
when they occur, shall not be repeated, and that landlords be held
to sufficient standards of responsibility. Therefore, to preserve
the peace and tranquility of such communities, including the City
Brigantine, for permanent residents, and for other owner-occupants
as well as other tenants and vacationers, and to maintain viability
as vacation spots for citizens of New Jersey as well as other states
and counties it is necessary and desirable that those communities
have adequate means to curb and discourage those occasional excesses
arising from irresponsible rentals, including seasonal rentals.
D.
The New Jersey Legislature, pursuant to N.J.S.A. 40:52-1(n) specifically
authorized municipalities to license and regulate the "rental of real
property for a term of less than 175 consecutive days for residential
purposes by a person having a permanent place of residence elsewhere."
E.
Furthermore, most, if not all, such rental units are located within
residential neighborhoods in the City and abut owner-occupied homes
and residences and many such rental units have an immediate and harmful
negative impact upon the immediate neighbors and interfere with the
peace and tranquility that such neighbors have every right to expect.
Past experience indicates that such problems are especially associated
with "short-term rentals" that is, rentals of less than 175 days.
The owner of rental unit(s) has a dual responsibility as follows:
A.
Each rental property containing one or more rental units must be
licensed and inspected, at least annually, by the City in accordance
with this chapter; and
B.
Each property containing one or more rental units must, in addition,
be registered in accordance with the Landlord Registration Act, N.J.S.A.
46:8-27 to 46:8-37 as follows:
(1)
Owner-occupied one or two rental units: No registration is required.
(2)
Non-owner-occupied one or two rental units: Must be registered (in
addition to being licensed and inspected) with the Municipal Clerk
or designee.
(3)
Properties containing three or more rental units must be registered
with the State of New Jersey.
C.
As an accommodation to City owners, and to the extent permitted by
law, the application for a rental license shall contain the information
required by the Landlord Registration Act and, when completed and
filed by the owner, shall be indexed and made available for public
inspection as required by said law. This dual filing accommodation
shall not; however, relieve the owner of any other duty or responsibility
imposed by the Landlord Registration Act as the same may be amended
or supplemented.
A.
All rental properties located within the City shall be required to
be inspected and licensed annually by the City. In addition, all such
rental properties shall also be registered with either the City Clerk
(or designee) or the State of New Jersey as required in § 246-4A(2).
No rental property or rental unit shall be leased or occupied unless
a rental license has been issued for the property or rental unit as
provided in this chapter. This provision does not apply to hotels
or motels.
B.
All rental units shall be licensed by the City. Application for a
rental license shall be made on forms which shall be provided for
that purpose by the City Licensing Clerk. Such licensing shall be
required on an annual basis; that is, at least once in every consecutive
twelve-month period or term as provided herein. An application form
shall be required for each rental unit and a rental license shall
be required for each individual rental unit.
A.
The owner of a rental unit shall submit a license application together
with the required fee to the Licensing Clerk. Such application shall
be on forms supplied by the City. No inspection of the rental unit
shall be conducted by the City until such time as the application
is deemed complete by the City and the owner pays all required fees.
B.
Upon the filing of an initial application for a rental license, the
rental unit shall be inspected prior to the issuance of the rental
license and such license shall be issued only in the event that the
rental unit passes such inspection in accordance with procedures set
forth in this chapter.
In order to qualify for a rental license, the following requirements
shall be met by the applicant or applicant's agent:
A.
An application on a form supplied by the City shall be completed
and shall contain all of the information, including any attachments
which may be required.
B.
All municipal taxes, water and sewer charges and any other municipal
assessments are paid on a current basis, that is, paid through the
tax quarter immediately preceding the initial application or any renewal
thereof.
C.
Prior to the issuance of a rental license, on either an initial application or on any renewal application, the rental unit must first be inspected by the City and pass such inspection. The procedure for the scheduling of such inspections shall be in accord with the procedure set forth in § 246-16 of this chapter.
D.
If the address of the record owner of the property for which a rental
license is sought is not located in Atlantic County, New Jersey, the
owner shall designate in writing an Agent or managing agent who resides
in Atlantic County who is authorized to accept notices to issue receipts
therefore and to accept service of process on behalf of the record
owner.
A.
The City may deny the issuance of a license or may refuse to renew
a rental license in accordance with the provisions of this chapter.
B.
A rental license shall not be issued for any property for which a
rental license has been suspended or revoked until the period of suspension
or revocation has expired, regardless of any change in ownership of
the property.
Any application for a rental license, including any renewal
thereof, may be denied and any rental license that has been issued
pursuant to this chapter may be revoked or suspended for any of the
following causes:
A.
Any fraud, material misrepresentation, or false statement contained
in the application for license.
B.
Any fraud, material misrepresentation, or false statement made in
connection with the leasing of any rental unit.
C.
Any violation of this chapter.
D.
Conviction of the licensee of any felony or of a misdemeanor involving
moral turpitude.
E.
Failure of the applicant or licensee to comply with the conditions
required for the issuance of a rental license as set forth in this
chapter.
A.
Any Person who is denied the issuance of a rental license or any renewal thereof, or who has had a rental license revoked or suspended may appeal such determination administratively to a Hearing Officer appointed by the City in accordance with the procedures set forth in Article III of this chapter. Such appeal shall be filed not later than 45 days following notification of City action.
B.
Such appeal shall be in writing, with the original filed with the City Clerk, and a copy filed at the same time with the Licensing Clerk. Upon receipt of such appeal, the City Clerk shall notify the Business Administrator and the City Solicitor of such filing and the City Clerk shall forward a copy of the appeal notice to the Hearing Officer, who shall schedule a hearing on such appeal not sooner than 10 nor later than 30 business days following filing. Following a hearing, the Hearing Officer shall submit his/her findings and determination to the City Council following the same general procedures outlined in Article III of this chapter. The Hearing Officer shall transmit his findings of fact and conclusions of law to the City Council within 15 days of the conclusion of the hearing. City Council shall make the final determination by resolution and may, in its discretion, accept, reject, or modify the findings and recommendations of the Hearing Officer.
C.
The Municipal Solicitor or his designee shall represent the City
at the hearing of the appeal.
The notice of appeal to be filed with the City Clerk shall be
in writing and shall contain the following:
A.
Name, address, telephone number and email address of the person(s)
filing the appeal;
B.
Name, address, telephone number and email address of the managing
agent, if any;
C.
Location of the rental property specifying block, lot number and
street address;
D.
Number of rental units at that location licensed or intended to be
licensed;
E.
Specifying the specific grounds for the appeal.
A.
The rental license term shall commence on the day that the property
passes inspection required by this chapter and shall expire the following
year on the last day of the month in which the initial scheduled inspection
was scheduled. For example, if the initial scheduled inspection occurred
on February 10 of a given year, the rental license shall expire at
the end of February of the following year. The initial license term
may be for less than 12 months depending upon the date of submission
of a completed application, the payment of all fees and other charges
and a passing inspection of the rental property by the City.
B.
Initial application. When the Licensing Clerk deems an application
for a rental license complete, the rental unit shall be inspected
and the owner shall be informed of the scheduled date for inspection,
which shall be the initial scheduled inspection date.
C.
If the rental property passes such inspection, the rental license shall be issued and dated as of the date the rental unit passes inspection but shall expire the following year on the last day of the month in which the initial scheduled inspection occurred as provided in Subsection B, above.
D.
If the rental unit fails inspection, a reinspection will be scheduled.
Additional reinspections may be scheduled as circumstances at the
rental unit may require. A rental license shall be issued and dated
as of the date the rental unit passes the required inspection but
will nevertheless expire the following year on the last day of the
month in which the initial scheduled inspection occurred.
E.
Reinspection. Should the rental property fail inspection, either
on an initial application for licensing or upon a renewal application,
the owner shall be required to address to the City's satisfaction
the reasons for the failed inspection and the rental property will
be reinspected before a rental license is issued by the City and delivered
to the owner or owner's agent.
F.
Possession of license required. No rental unit shall be occupied
(other than by the owner) until such time as a valid rental license
is issued by the City and in the possession of the owner or the owner's
agent. On an initial application for a rental license, or pending
any renewal application an owner, agent, or realtor may offer the
rental unit for lease and may negotiate for the lease thereof but
the owner, agent or realtor must condition all such negotiations and
any lease agreement, whether oral or written, on the owner's
possession of a valid rental license for the subject premises before
any actual occupancy of the rental unit may occur. If a rental unit
fails the initial inspection and does not pass a reinspection before
the license expires, such rental unit may not be occupied until such
time as it passes inspection and the owner is actually in possession
of a valid, current rental license.
G.
Expiration of rental licenses. All rental licenses shall expire on
the last day of the month of the initial scheduled inspection Date
for renewal of rental license.
In the event that a property containing one or more licensed
rental units is sold, assigned or transferred during the license year,
the rental license shall be transferable to the new owner.
Each rental unit shall be inspected at least once in each license
year.
Rental units with an occupancy of 12 or more, as provided for in § 246-26, may be inspected prior to a new tenant occupying the rental unit. The owner shall provide notice to the City Licensing Official, not less than 48 hours prior to, of the new tenant move-in date. The rental unit may be inspected pursuant to this chapter prior to the new tenant occupying the rental unit to ensure the rental unit is complying with all ordinances and state regulations. The owner shall be required to cure any violations of state or municipal regulations identified by the City during the inspection prior to the new tenant occupying the property.
Such inspection shall be carried out in accordance with the
following:
A.
All rental units, including those units inspected by the State of
New Jersey pursuant to the New Jersey Hotel and Multiple Dwellings
Act,[1] shall be cyclically inspected by the City's Bureau
of Fire Prevention, the Local Enforcing Agency (LEA) for the New Jersey
Division of Fire Safety to determine compliance with the Uniform Fire
Safety Act of the State of New Jersey and the International Property
Maintenance Code (IPMC) to the extent that same has been adopted by
the City, as well as any other code or codes in effect and applicable
at the time of any inspection.
[1]
Editor's Note: See N.J.S.A. 55:13A-1 et seq.
B.
Cross reference: Units in a building subject to the New Jersey Hotel and Multiple Dwellings Act which are not rented and which are owner-occupied shall be subject to cyclical inspection by the City's Bureau of Fire Safety, the Local Enforcing Agency (LEA) for the New Jersey Division of Fire Safety in accordance with the provisions of Chapter 21 of the Brigantine City Code.
In the event that a rental unit fails to pass inspection, such
unit or units shall not thereafter be occupied and the owner of the
property, the managing agent or rental agent shall not rent or lease
such rental unit, nor permit any tenant to occupy such rental unit
until the unit has passed inspection.
Whenever a rental unit is occupied by a tenant at the time of
the inspection and the rental unit does not pass inspection, said
unit may continue to be occupied provided that all such repairs or
corrections are made within 30 days of the original inspection. If
the nature of the deficiency is such that continued occupancy poses
an imminent threat to the safety of the occupants or others, then
the appropriate officials may preclude further occupancy of the rental
unit until such time as the repairs are satisfactorily made, or the
officials may, in the exercise of their sound discretion, reduce the
time for making necessary repairs from 30 days to a lesser time depending
on the nature and extent of repairs to be made and the nature of the
threat. In the event that the necessary repairs are not made within
the time period specified herein, then the owner and any tenant occupying
the unit thereafter shall be deemed in violation of this article and
subject to the penalty provisions hereof. Each and every day that
the violation continues shall constitute a separate offense.
A.
Any rental unit that does not pass inspection shall be subject to
reinspection at the expiration of 30 days, or upon the expiration
of such shorter time, if applicable. For good cause, the thirty-day
period may be extended by the Fire Inspector, with the consent of
the Fire Official as herein provided.
B.
The Fire Official may grant extensions of time whenever he shall
determine, that despite diligent effort, compliance cannot be accomplished
within the time specified in the notice. No extension shall be granted
unless it is requested in writing by the owner. A request for extension
shall set forth the work which has been accomplished, the work that
remains, the reason why an extension is necessary and the date by
which the work will be completed. [Source: N.J.A.C. 5:70-2.10(d)]
Upon reinspection of a rental unit, if it is determined that the neccessary repairs have not been made within the time period specified in § 246-19, above, then in such event, the rental license shall be suspended and remain suspended until the necessary repairs have been made and the property reinspected.
In addition to the issuance of a rental license each licensee
shall be issued a decal, which shall be permanently affixed to the
main door through which access is gained to the rental unit, or in
a window in the rental unit, in such a way that the decal is visible
from the exterior of the premises in which the rental unit is located.
The failure to affix the decal as required by this section shall constitute
a violation thereof. The absence of a decal shall constitute prima
facie evidence that the rental unit has not been issued a rental license.
No person, other than the owner, shall hereafter occupy, or
attempt to occupy, any rental unit, nor shall the owner, managing
agent or rental agent permit occupancy or attempted occupancy of any
rental unit within the City unless the same has been registered, inspected
and licensed in accordance with this chapter.
Any landlord who leases a rental unit while such unit is unlicensed
or who represents to any person, including any tenant, realtor, attorney
or other agent that such unit is properly licensed, shall be deemed
in violation of this article and subject to the fines and penalties
herein. Each day that a tenant shall remain in occupancy of such unlicensed
rental unit shall be considered a separate and distinct violation
of this chapter for which the landlord shall be responsible.
Any tenant who knowingly leases and/or occupies an unlicensed
rental unit shall be deemed in violation of this chapter and subject
to the fines and penalties included herein. Each day such tenant shall
remain in occupancy of such unlicensed premises shall be considered
a separate and distinct violation of this chapter.
Any realtor, attorney or other person who knowingly acts as
a representative of the landlord, tenant or both in order to effectuate
the leasing and/or occupancy of an unlicensed rental unit, shall be
deemed in violation of this chapter and subject to the fines and penalties
herein provided. The City will, on request and without charge, provide
to each real estate office a list of all rental units which have been
licensed.
Each owner granted a license pursuant to this section shall
be permitted to lease or rent the rental unit to a maximum specified
number of tenants and occupants, including minor children, which number
shall not exceed the number which has been computed in accordance
with the following:
A.
Every room occupied for sleeping purposes by one occupant shall contain
at least the minimum square footage as calculated by the City officials
using the standards established by the BOCA National Building Code,
2018 Edition.
C.
Prohibited occupancy. Kitchens, nonhabitable spaces and interior
public areas shall not be occupied for sleeping purposes.
A.
Notwithstanding any other provision of this chapter, or any other
law or ordinance, or any other rule, regulation or code to the contrary,
and notwithstanding any method of calculating occupancy authorized
by this chapter, no rental property, inclusive of all rental units
contained therein, shall have an authorized aggregate maximum permitted
occupancy greater than 24 occupants, as provided in the Hotel/Motel
Dwelling Law, N.J.S.A. 55:13A-I, et seq.
B.
For purposes of calculating occupancy capacity, each rental unit
within a condominium form of ownership is considered a separate rental
property. (New Jersey Condominium Act, N.J.S.A. 46:8B-1, et seq.)
The maximum number of occupants shall be posted in each rental
unit in a location visible to any occupant of the rental unit. It
shall be unlawful for any person or persons to occupy the rental unit
in excess of the maximum number permitted. Any person violating this
provision shall be subject to the penalty provisions hereof.
A.
Every owner of a rental property or rental unit shall:
(1)
Comply with the registration requirements of the Landlord Registration
Act, N.J.S.A. 46:8-27, et seq., as the same may be amended and supplemented.
A completed license application under this chapter shall also serve
as a registration pursuant to the New Jersey Landlord Registration
Act and the City shall index and file a copy of such license application
as required by law. The owner must, however, fully comply with any
other requirements of the New Jersey Landlord Registration Act as
the same may be amended or supplemented.
(2)
Comply with New Jersey State law which requires that owners of rental
units register such units with either the Municipal Clerk or with
the State of New Jersey as follows:
(a)
Owners of one and two rental units which are owner occupied
are exempt from registration under the Landlord Registration Act,
N.J.S.A. 46:8-27 et seq., but shall be required to be licensed by
the City pursuant to this chapter.
(b)
Owners of one and two rental units which are not owner occupied
are required to register such rental units with the City Clerk or
the Clerk's designee under the Landlord Registration Act, N.J.S.A.
46:8-27 et seq., and shall, in addition, be required to be licensed
by the City pursuant to this chapter.
(c)
Owners of three or more rental units shall be required to register
such units with the State of New Jersey, Department of Community Affairs,
Bureau of Housing Inspection, or such other or additional department,
division or agency as may hereafter be designated by the State of
New Jersey. In addition, owners of rental properties containing three
or more rental units shall also apply for a rental license from the
City in accordance with this chapter.
B.
Every owner of a rental property or unit shall have the following
further duty and responsibility:
(1)
It shall be the responsibility of the owner or the owner's agent
or managing agent to register all tenants in the tenant register and
to give a copy of the tenant register to the tenant(s) and to advise
the tenant(s) of the requirement that the tenant register be maintained
on the rental or leased premises at all times.
(2)
The duty of the owner or managing agent under § 246-29B(1) may be discharged through a realtor or other rental agent provided that such realtor or rental agent agrees, in writing, to discharge that responsibility.
Each tenant shall:
A.
Complete and sign the tenant register in accordance with this chapter
and maintain and safeguard such tenant register in the rental unit
at all times;
B.
Immediately produce the tenant register, at all times, upon the request
of City Officials or employees including the Chief of Police or any
officer of the Brigantine Police Department or any representative
of the licensing, inspection or Code Enforcement departments or divisions
of the City of Brigantine or a representative of the Atlantic County
Department of Health;
C.
Be responsible for maintaining the rental unit in such manner so
as to avoid and prevent said premises from becoming loud or disorderly
or a nuisance so as to interfere with the peace and tranquility and
quality of life of other nearby residents and visitors. Loud, offensive
and disorderly conduct may include excessive noise, unruly behavior,
obscene language, fighting, littering, parking of vehicles on lawns
and on neighboring property, public urination, poor maintenance of
the property and grounds and violation of trash collection and recycling
ordinances.
D.
Be responsible for the proper storage and disposal of solid waste
and recyclable materials and to do so in accordance with applicable
City ordinances;
E.
Comply strictly with the maximum occupancy limits established for
each rental unit and shall prevent occupancy by more than the maximum
number of occupants permitted.
The City shall charge a license fee and a separate fire inspection
fee. There is no separate fee for registration of a rental unit pursuant
to the New Jersey Landlord Registration Act, N.J.S.A. 46:8-27, et
seq. For administrative purposes, bills for license fees and fire
inspection fees may be issued in the year preceding the effective
date of a fee but shall nevertheless reflect the amount of the fee
to be charged for the year designated.
All license and inspection fees shall be payable to the City
as follows:
A.
Initial license application. All fees shall be payable at the time
the initial license application is submitted.
B.
Renewal applications. A renewal application and invoice will be mailed
to each current license holder during the last three months of the
calendar year preceding renewal. Such application together with all
fees must be paid not later than December 31 of the year preceding
expiration of the license. No inspection of the rental unit(s) will
be conducted, however, until the completed renewal application is
returned to and all required fees are paid to the Licensing Clerk.
C.
Late payment. If all fees are not paid by December 31, an additional
late payment fee of $50 shall be due and payable together with all
other fees. To avoid any late payment fee, the fee (and any renewal
application) must be received by the License Clerk by December 31,
or the next business day thereafter if December 31 falls on a Saturday,
Sunday or legal holiday or it must be postmarked not later than December
31.
The provisions of any of the several articles of this chapter
shall be enforced by any one or more of the following: the Chief of
the Brigantine Police Department or his/her designee, the Construction
Code Official, the Fire Official, the Licensing Clerk, Code Enforcement
Official and Zoning Official of the City, any employee designated
by the City Council, and the Atlantic County Department of Health.
City Council is authorized to adopt, by resolution, rules and
regulations pertaining to the enforcement of this chapter.
Any person violating any of the provisions of this article shall,
upon conviction, be subject to one or more of the following:
Any person convicted of violating this chapter within one year
of the date of a previous violation and who was fined for the previous
violation, shall be sentenced by the Court to an additional fine as
a repeat offender. The additional fine imposed by the Court upon a
person for a repeated offense shall not be less than the minimum or
exceed the maximum fine fixed for a violation of the chapter, but
shall be calculated separately from the fine imposed for the violation
of the chapter. (See N.J.S.A. 40:49-5.)
The foregoing penalties shall be exclusive of, and in addition
to, any other penalty or penalties provided in this chapter and the
penalties set forth in N.J.S.A. 46:8-35, of the Landlord Registration
Act; including but not limited to:
