[HISTORY: Adopted by the City Council of the City of Atlantic
City 9-13-1989 by Ord. No. 43-1989.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 111.
Firesafety — See Ch. 128.
Rental property — See Ch. 209A.
Property maintenance — See Ch. 207.
Rooming and boarding houses — See Ch. 211.
[1]
Editor's Note: This ordinance also repealed former Ch. 194,
Occupancy Permits, adopted 11-30-1983 by Ord. No. 74-1983, as amended.
§ 194-1 Permit required; exceeding maximum occupancy prohibited.
§ 194-2 Issuance and denial of permits.
§ 194-3 Applications.
§ 194-4 Fees.
§ 194-5 Multiple dwellings.
§ 194-6 Seasonal permits.
§ 194-7 Conditional permits.
§ 194-8 Issuing agent.
§ 194-9 Violations and penalties.
§ 194-10 Reports.
§ 194-11 Purpose.
§ 194-12 Notices.
§ 194-13 Severability.
§ 194-14 Saved from repeal.
§ 194-1 Permit required; exceeding maximum occupancy prohibited.
[Amended 8-3-1994 by Ord. No. 55-1994; 5-24-1995 by Ord. No.
34-1995; 6-5-1996 by Ord. No. 29-1996]
A.
No owner, agent of an owner, broker, firm, company, partnership,
corporation, person or persons shall rent, transfer, receive, grant,
lease, let with right of occupancy, or occupy, whether or not for
consideration, a building, condominium, dwelling unit or apartment
or any rooming unit or apartment within a boardinghouse or rooming
house, unless an occupancy permit is issued certifying that said building,
condominium, dwelling unit or apartment or rooming unit or apartment
within a boardinghouse or rooming house is in compliance with all
other ordinances of the City of Atlantic City.
[Amended 6-24-1998 by Ord. No. 31-1998; 9-29-1999 by Ord. No.
42-1999]
B.
The owner of any residential property shall obtain an occupancy permit
prior to the sale of such property involving a new occupancy of any
unit of dwelling space, provided that no occupancy permit shall be
required for the sale of vacant properties, but shall be required
prior to such time as a new occupancy occurs.
C.
The owners and/or managers of every residential building and structure
in the City which is rented or leased shall register with the City
Clerk the names and addresses of the owner, lessor and agent in charge
of the premises residing in the municipality or county together with
such other information the issuing agent shall require for the enforcement
of this chapter.
D.
No owner shall rent or allow the occupancy of any dwelling unit overnight
by greater than the maximum number of occupants permitted for said
unit.
E.
For purposes of this chapter, "owner" means the person who owns,
manages or exercises control of any residential rental property, including
an agent appointed by the owner, in writing, to manage the property
and tenants, where applicable, but shall not include any of the following:
F.
No occupancy permit shall be required on the rental of a dwelling
unit in a building containing multiple dwelling units which is owned
and operated by the United States, the State of New Jersey or the
Atlantic City Housing Authority so long as such respective governmental
entity enforces its own property maintenance code or otherwise regulates
and maintains the habitability standards of its rental units.
G.
The owner of any rooming house or boardinghouse shall obtain an occupancy
permit for each rooming unit prior to the occupancy of that unit.
A new occupancy permit shall be required after the expiration of one
year. Multiple tenancies shall not affect the duration of the occupancy
permit for the rooming unit.
[Added 9-29-1999 by Ord. No. 42-1999]
§ 194-2 Issuance and denial of permits.
[Amended 12-19-1990 by Ord. No. 93-1990; 6-5-1996 by Ord. No.
29-1996]
A.
Inspection required.
[Amended 9-29-1999 by Ord. No. 42-1999]
(1)
Permits shall be issued only upon an inspection by the Division of
Code Enforcement finding that a dwelling unit, apartment, rooming
house and boardinghouse or any other space or place of residence is
in compliance with the Property Maintenance Code.[1]
(2)
Permits for rooming houses and boardinghouses shall be issued only
upon an inspection by the Division of Code Enforcement finding that
the rooming unit contained within a rooming house or boardinghouse
is in compliance with N.J.S.A. 55:13B-1 et seq., the Rooming and Boarding
House Act, and N.J.A.C. 5:27-1 et seq., the Regulations Governing
Rooming and Boarding House Standards.
B.
The issuing agent shall deny a permit if he or she determines that
a dwelling, apartment or rooming unit within a rooming house or boardinghouse
or other place of residence is unfit for human habitation, if he or
she finds that conditions exist in such dwelling, apartment or rooming
unit within a rooming house or boardinghouse or other place of residence
which are dangerous or injurious to the health, welfare or safety
of the occupant or occupants thereof, the occupancy of neighboring
dwelling apartments or rooming unit within a rooming house or boardinghouse
or other structures or to residents or the municipality. Such conditions
may include, without being limited to, defects increasing the hazard
of fire, accident or other calamities; lack of adequate ventilation,
light or sanitary facilities; dilapidation, disrepair or structural
defects; and uncleanliness.
[Amended 9-29-1999 by Ord. No. 42-1999]
C.
The issuing agent shall complete action on an application within 10 business days after the application for an occupancy permit has been filed with the issuing agent. In the event that action is not completed within 10 business days, the issuing agent shall immediately issue a temporary occupancy permit, provided that the failure to complete action on an application was not caused by the action or inaction of the owner. Said temporary occupancy permit shall allow occupation until such time as an inspection is performed and an occupancy permit is either issued or denied in accordance with the other provisions of this chapter. In the event of the denial of an occupancy permit after a temporary occupancy permit has been issued under this subsection, the owner is solely liable for correcting the violations or removing the residents within the required time period. If the issuing agent determines that the unit is unfit for human habitation, the owner shall be liable for the enhanced penalties of § 194-9 immediately.
D.
In the event of denial of an occupancy permit or the issuance of
a conditional permit, a report listing the deficiencies of the dwelling
unit and applicable sections of the Code shall be prepared and sent
to the applicant. The applicant shall have the right to appeal any
of the findings under the procedures already in place for the respective
code violations or other deficiencies found within 30 days of receipt
of the report if a property maintenance violation or within the times
provided by other respective chapters of the City Code as required.
§ 194-3 Applications.
[Amended 8-3-1994 by Ord. No. 55-1994; 6-5-1996 by Ord. No.
29-1996]
Applications for permits shall be made in writing on the forms
prescribed by the issuing agent and shall state the name and address
of the owner, the name and address of the renting agent and a description
of the premises to be occupied, the street address, the number of
persons who shall occupy the property and such other information as
the issuing agent deems necessary for the enforcement of this chapter.
§ 194-4 Fees.
[Amended 8-3-1994 by Ord. No. 55-1994; 5-24-1995 by Ord. No.
34-1995; 6-5-1996 by Ord. No. 29-1996; 9-29-1999 by Ord. No. 42-1999; 4-20-2016 by Ord. No. 20-2016]
A.
The fee for the filing of an application of an occupancy permit to
sell a residential property shall be in the sum of $50 per building
structure (residential) or $50 for each unit in buildings with two
or more dwelling units. Each reinspection shall be an additional fee
of $30 per dwelling unit.
B.
The fee for the filing of an application for an occupancy permit
for a rental shall be the sum of $50 per dwelling unit.
C.
No fee shall be required where the premises are owned by the United
States of America, the State of New Jersey, the City of Atlantic City
or any of their political subdivisions.
§ 194-5 Multiple dwellings.
[Amended 5-24-1995 by Ord. No. 34-1995; 6-5-1996 by Ord. No.
29-1996]
A.
Hotels, motels are excluded from this chapter. An occupancy permit shall be obtained prior to the rental of any apartment contained within any hotel or motel, rooming house or boardinghouse or any multiple-dwelling building. Any changes of tenancy in the apartment would constitute circumstances for obtaining a new occupancy permit under § 194-1.
[Amended 9-29-1999 by Ord. No. 42-1999]
B.
Where there are one or more dwelling units or separately occupiable
spaces in a building, a separate occupancy permit must be obtained
for each said unit or space prior to occupancy.
C.
A new occupancy permit is required for each apartment or dwelling
unit prior to a change of tenants.
D.
In a building with multiple dwelling units or spaces where the common
elements have been inspected within the last six months, the issuing
agent may, upon his or her discretion, require only an inspection
of the dwelling unit itself which is to be rented or otherwise occupied.
E.
Occupancy permits shall be required for the common elements of properties
with one or more occupied units and any occupied units in such property
on the sale or transfer of a building containing multiple dwelling
units.
F.
Occupancy permits shall be required for each rooming unit to be rented
in any rooming house or boardinghouse. Such occupancy permits for
each rooming unit shall be valid for a period of one year, regardless
of the number of tenancies.
[Added 9-29-1999 by Ord. No. 42-1999]
§ 194-6 Seasonal permits.
[Amended 8-3-1994 by Ord. No. 55-1994; 5-24-1995 by Ord. No.
34-1995; 6-5-1996 by Ord. No. 29-1996; 4-12-2013 by Ord. No.
20-2013; 6-12-2013 by Ord. No. 34-2013; 11-26-2013 by Ord. No.
64-2013; 4-20-2016 by Ord. No. 20-2016]
A.
In lieu of a regular occupancy permit, dwelling units, rooms or other
spaces which are occupied on a seasonal and/or transient rental basis
may obtain a seasonal permit prior to the first occupancy of the season
for that unit. A season shall include the months of winter, spring,
summer and fall.
B.
The fee schedule shall be indicated below based on the occupancy
load per dwelling unit, regardless of the number of changes of tenancy.
The occupancy load shall be determined by Housing Inspectors of the
Department of Licensing and Inspections using the International Property
Maintenance Code (IPMC).
|
Season
|
Months
|
Fee
(per dwelling unit)
| |
|---|---|---|---|
|
Winter/Spring
|
January 15 to May 14
|
$300
| |
|
Summer
|
May 15 to September 14
|
$300
| |
|
Fall
|
September 15 to January 14
|
$300
|
§ 194-7 Conditional permits.
[Amended 6-5-1996 by Ord. No. 29-1996]
A.
The issuing agent may, in his or her discretion, not to be unreasonably
withheld, issue a conditional occupancy permit upon finding that only
minor violations exist, such as exterior or common area violations,
but which number and scope of violations and deficiencies do not so
seriously affect safety to prevent habitation for a limited time.
Such conditional permit may be issued for a period not to exceed 30
days, including extensions, permitting conveyance or rental upon the
express condition that the violation(s) are cured within the time
specified. The issuing agent shall not issue a conditional permit
if he or she finds that the City of Atlantic City may become responsible
for relocation costs of occupants if the violations are not cured
or may require a bond to be posted in such amount that shall cover
relocation costs.
B.
In addition to the above, conditional occupancy permits may be issued
for major exterior renovations of multifamily or high-rise buildings,
provided that the safety of the occupants and the public is not affected.
Major renovations shall include new windows on the entire structure,
new siding, painting of the entire structure, new electrical service
for the building or other such projects. However, in no case may the
amount of time, including extensions, exceed 180 days.
§ 194-8 Issuing agent.
[Amended 12-19-1990 by Ord. No. 93-1990; 6-5-1996 by Ord. No.
29-1996]
B.
The issuing agent shall have such powers as may be necessary to enforce
the provisions of this chapter, including the following:
(1)
To investigate the dwelling conditions in the City of Atlantic City
in order to determine which dwelling(s), apartment(s) or other places
of residence therein are unfit for human habitation.
(2)
To administer oaths, affirmation, to examine witnesses and to receive
evidence.
(3)
To enter upon the premises for the purpose of making examination.
(4)
To delegate any of his or her functions and powers to such officers
and agents as he may designate or who may be designated as subordinate
to him or her by the City Code.
§ 194-9 Violations and penalties.
[Amended 6-17-1992 by Ord. No. 67-1992; 8-3-1994 by Ord. No.
55-1994; 6-5-1996 by Ord. No. 29-1996; 11-25-2008 by Ord. No.
104-2008]
A.
Any person or entity violating any of the terms of this chapter shall
be subject to a fine of not less than $500 nor more than $2,000 or
imprisonment for not more than 90 days, or both, for each violation,
at the discretion of the Municipal Judge before whom such case shall
be brought, except that where a violation of this chapter occurs involving
actual occupancy in a dwelling unit which is declared unfit for human
habitation, the person or entity responsible shall be subject to a
minimum fine of $1,000 and/or 90 days in jail for each violation.
B.
Notwithstanding Subsection A of this section, a person who manages or exercises control of any residential property (hereinafter referred to as "agent") shall not be liable for a violation of this chapter if:
(1)
Within seven business days of receiving notice of such violation,
including receipt of a summons, the agent sends written notice, together
with a copy of the notice of violation or summons, by regular and
certified mail or personal delivery to the owner with a copy to the
issuing agent, stating that such agent terminates the management function;
or
(2)
Such agent lacks written delegated authority and is without the funds generated from the property to remedy the violation; however, if the agent has the written delegated authority to remedy the violation and the funds generated from the property necessary to remedy the violation and fails to remedy the violation, then the agent shall be liable for such violation notwithstanding resignation by such agent pursuant to § 194-9B(1).
§ 194-10 Reports.
[Amended 12-19-1990 by Ord. No. 93-1990]
The Code Official or his officer or agent shall, upon the completion
of an inspection, prepare a report of the same, which shall be kept
on file in his office for a period of five years from the date of
said inspection.
§ 194-11 Purpose.
This chapter is enacted for regulation purposes and not for
revenue.
§ 194-12 Notices.
[Added 6-5-1996 by Ord. No. 29-1996]
Unless otherwise provided by this Code or applicable law, all
notices required to be sent to any owner, lessor or agent from the
City shall be sufficient to said owner, lessor or agent if posted
upon a conspicuous place on the premises where the owner or lessor
has failed to register the premises and failed to designate an agent
or where such agent has been designated but cannot be found at the
address given.
§ 194-13 Severability.
[Added 6-5-1996 by Ord. No. 29-1996]
The provisions of this chapter are severable, and should any
part thereof be declared unlawful, the remaining provisions shall
continue in full force and effect.
§ 194-14 Saved from repeal.
[Added 6-5-1996 by Ord. No. 29-1996]
Prior § 194-1 of this chapter, prohibiting sales, rentals, etc., of any "[. . . .] building, condominium, dwelling unit or apartment (unless it is) in compliance with all other ordinances, including but not limited to the Land Use Ordinance of the City of Atlantic City," is saved from repeal until the conclusion of litigation in the matter of A.C. Landlords v. City of Atlantic City, Docket No. ATL-L-1856-95, including any appeals, but enforcement is stayed subject to the issuance of appropriate future orders of the Superior Court of New Jersey allowing enforcement of said provision.