[HISTORY: Adopted by the Borough of Rutherford Council as
indicated in article histories. Amendments noted where applicable.]
[Adopted 8-7-2023 by Ord. No. 3658-23]
It is the intention of this chapter to comply with the requirements
imposed upon the Borough by P.L. 2022, c. 92, which provides for the
annual registration of certificates of insurance by business owners
and the owners of rental units located in the Borough.
The following words and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Any person offering and/or engaged in buying, selling, storing
and/or transferring merchandise, goods, real property, personal property,
moneys, services and/or other items who do so for a fee, price, retainer,
commission, percentage and/or other means of compensation for the
purpose, stated or otherwise, of realizing a profit or other gain.
The certificate of insurance form submitted by each business.
The certificate issued by the Municipal Clerk indicating
compliance with the registration requirements of P.L. 2022, c. 92.
The Borough of Rutherford.
In accordance with and pursuant to P.L. 2022, c. 92, signed
into law on August 5, 2022, owners of a business, rental unit(s),
and/or multifamily homes of four or fewer units shall be required
to have liability insurance as follows:
A.
Owners of a business and/or rental unit(s) shall maintain a minimum
of $500,000 in liability insurance for negligent acts and omissions.
B.
Owners of multifamily homes of four or fewer units, one of which
is owner-occupied, shall maintain a minimum of $300,000 in liability
insurance for negligent acts and omissions. Owners of a multifamily
home of four or fewer which is not owner-occupied are not exempt from
showing proof of liability insurance, and they must obtain and register
liability insurance of $500,000.
C.
The liability insurance for owners of a businesses, rental unit(s),
and/or multifamily homes of four or fewer units, one of which is owner-occupied,
shall include, but is not limited to, coverage for property damage
and bodily injury to or death of one or more persons in any one accident
or occurrence.
A.
Any owner of a business or rental unit or unit required to maintain
insurance as set forth in this chapter is required to annually file
a copy of a certificate of insurance demonstrating compliance with
P.L. 2022, c. 92 with the Municipal Clerk as follows:
B.
A new certificate will be required annually for each calendar year.
All certificates shall be renewed no later than July 15 of each calendar
year.
C.
Upon filing of an insurance certificate, the Municipal Clerk shall
issue a certificate of registration to the owner stating the amount
of coverage and the policy period of the insurance policy or policies
evidenced by the certificate of insurance.
A.
In the event that two or more businesses occupy the same location,
the owner shall be required to complete a separate municipal registration
form and obtain a separate certificate of insurance for each business.
B.
In the event that the same owner conducts business at two or more
locations, a separate business registration form shall be required
for each location.
Issuance of a municipal insurance registration certificate by
the Municipal Clerk does not evidence compliance with any other applicable
rules, regulations, ordinances, and statutes of the municipality,
county or State of New Jersey, or any other regulatory agencies having
jurisdiction over the activities of the certification holder.
The filing fee to be paid for each certificate of insurance
filed with the Municipal Clerk shall be the sum of $100.
Any owner who fails to comply with this chapter may be subject
to a fine not less than $500 but no more than $5,000. The Code Enforcement
Official may bring this action in Municipal Court or Superior Court
as a summary proceeding under the "Penalty Enforcement Law of 1999,"
P.L. 1999, c. 274 (N.J.S.A. 2A:58-10 et seq.), and any penalty monies
collected shall be paid to the Borough of Rutherford.
This chapter shall be effective upon proper passage and approval
in accordance with the law.
