[Adopted 4-26-2012 by Ord. No. 6-2012]
As used in this article, the following terms shall have the
meanings indicated:
The individual designated by the owner as the person authorized
by the owner to perform any duty imposed upon the owner by the terms
of this article. The term "agent" does not necessarily mean licensed
real estate agent of the State of New Jersey; however, the term "agent"
may include a licensed real estate agent of the State of New Jersey
if the person designated by the owner as his agent is so licensed.
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 and 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 the use or occupancy thereof; and which shall include
a single-family detached residence designed for use by one family
or household unit for living and sleeping purposes. Each apartment
or dwelling unit shall contain no more than one kitchen or cooking
facility.
A person related by blood or marriage/civil union to the
owner of the rental unit.
[Amended 3-9-2023 by Ord. No. 7-2023]
A group of individuals, not necessarily related by blood,
marriage, adoption, or guardianship, living together in a dwelling
unit like a family as a single housekeeping unit with common access
to and common use of all living and eating areas and all areas and
facilities for the preparation and serving of food within the rental
unit. Nothing within this definition is intended to countenance or
permit the creation of a boardinghouse in any zone within the City
of Somers Point, which use is specifically prohibited.
[Amended 6-28-2012 by Ord. No. 10-2012]
The International Property Maintenance Code adopted by ordinance
for use by the City of Somers Point.[1]
An owner who rents, by lease or sublease, a residential unit
or a tenant who rents by sublease a residential unit within the City
of Somers Point, whether for monetary, nonmonetary or other consideration.
The definition applies regardless of whether the lease is entered
into by the owner, tenant or an agent of the owner or tenant.
The license issued by the Code Enforcement Officer of the
City of Somers Point or his/her designee attesting that the rental
unit has been properly registered in accordance with this article.
The person to whom the license is issued pursuant to this
article. The term "licensee" includes within its definition the term
"agent," where applicable.
Any electronic or internet-based advertising form used for
the purpose of renting or leasing a short-term rental, including but
not limited to through self-promotion, internet rental companies,
or travel agencies.
[Added 3-9-2023 by Ord. No. 7-2023]
Any person or group of persons, firm, corporation or officer
thereof, partnership, association or trust who owns, operates, exercises
control over, or is in charge of a rental facility. The ownership
records of the County of Atlantic Clerk's office used for property
tax purposes shall be conclusive evidence of the ownership of property
regulated pursuant to this article.
A portion of a rental facility, dwelling, commercial unit
or dwelling unit shall be considered owner-occupied if the owner makes
his primary residence therein. A person may have only one primary
residence in the City.
An individual, firm, corporation, partnership, association,
trust or other legal entity, or any combination thereof.
Every building, group of buildings, or a portion thereof
consisting of fewer than five dwelling units, which has sleeping facilities
for fewer than 41 occupants, kept, used, maintained, advertised or
held out to be a place where living accommodations are supplied, whether
furnished or unfurnished, for pay or other consideration, to one or
more individuals.
[Amended 3-9-2023 by Ord. No. 7-2023]
An apartment or dwelling unit which is available by lease,
rental or otherwise to persons other than the owner, regardless of
the consideration for occupancy, including but not limited to money
paid, services rendered, or accommodation incident to employment.
"Rental unit" shall not include that portion of a rental facility,
apartment or dwelling unit that is owner-occupied.
An apartment or dwelling unit occupied by any person or persons
other than the owner, regardless of whether there is a written or
oral agreement, and regardless of whether the owner receives consideration
for the occupancy, and regardless of whether there is a written lease,
sublease or oral understanding.
Any rental unit rented for a term less than 175 consecutive
days for residential purposes by a person having a permanent place
of residence elsewhere.
[Added 1-28-2021 by Ord.
No. 2-2021]
Any credible complaint of a statutory, regulatory or local
ordinance violation regarding conduct at, or in connection with, the
operation of a short-term rental which has been made by or to either
the police, or the Zoning Official or Code Enforcement Officer, or
their designee, regardless of whether same results in charges being
issued.
[Added 3-9-2023 by Ord. No. 7-2023]
Occupancy of a rental unit by one or more tenants.
Occupant in a unit occupied by other than the owner.
A.
Every rental unit within the City of Somers Point, unless defined as a "motel" or "hotel" subject to the registration requirements in Article III of this article 169, shall be registered annually by the owner of each such rental unit by filing a registration certificate. The form of registration certificate shall be obtained from the office of the City Clerk or the Code Enforcement office during normal business hours.
B.
Every owner of a rental unit shall annually file the registration certificate referred to in Subsection A, which shall be complete in all respects and which shall be sworn to under oath as to the accuracy of the information set forth therein.
C.
Information to be provided in the registration certificate:
(1)
The name, address and telephone number of the owner or owners of
the premises and the record owner or owners of the rental business,
if not the same person(s). In the case of a partnership, the names
and addresses of all general partners shall be provided, together
with the telephone numbers for each individual partner, indicating
where such individual may be reached both during day and evening hours.
If the record owner is a corporation, the name and address of the
registered agent and corporate officers of said corporation shall
be provided, together with the telephone number for each such individual,
indicating where such individual may be reached both during day and
evening hours. If the record owner is an LLC, the name and address
of the managing member(s) shall be provided, for each such member,
indicating where such member (or its principal officers if a corporation)
may be reached both during day and evening hours. All registration
addresses shall be physical addresses; post office boxes are insufficient.
(2)
If the address of the owner of record is not located in the County
of Atlantic, the name, address and telephone number of a person who
resides in the County of Atlantic and who is authorized to accept
notices from a tenant and to issue receipts therefore and to accept
service of process on behalf of the owner of record.
(3)
The name and address of the managing agent of the premises, if any,
and the telephone number where such individual may be reached both
during day and evening hours. If the address of the owner of record
of a short-term rental is not located in Atlantic County, a managing
agent, who is located within 10 miles of Somers Point and available
24 hours a day to respond to any issues which may arise regarding
any issues which may arise regarding the tenancy, rental unit or activities
on the property where the rental unit is located, is hereby required.
[Amended 3-9-2023 by Ord. No. 7-2023]
(4)
The name and address of the superintendent, janitor, custodian or
other individual employed by the owner of record or managing agent
to provide regular maintenance service, if any, and telephone number
where such individual may be reached both during day and evening hours.
(5)
The name, address and telephone number and cellular telephone number
of at least one individual representative of the owner of record or
managing agent who may be reached or contacted at any time in the
event of an emergency affecting the premises or any unit of dwelling
space therein, including such emergencies as the failure of any essential
service or system, and who has the authority to make emergency decisions
concerning the building and any repair thereto or expenditure in connection
therewith and shall, at all times, have access to a current list of
building tenants that shall be made available to emergency personnel
as required in the event of an emergency.
(6)
The names and addresses of all holders of recorded mortgages on the
property.
(7)
If fuel oil is used to heat the building and the landlord furnishes
the heat, the name and address of the fuel oil dealer servicing the
building and the grade of fuel oil used.
(8)
For each such rental unit:
(a)
A description, by number or letter and floor, of each such rental
unit;
(b)
The square footage of each such rental unit;
(c)
The names of all tenants over the age of 18 in each rental unit;
(d)
The number of children, by age, which are 18 years of age and
younger in each rental unit;
(e)
The square footage of living space within each such rental unit
and the number of rooms;
(f)
The exact number of sleeping rooms contained in each rental
unit and the exact number of sleeping accommodations contained in
each of the sleeping rooms, identifying each sleeping room specifically
by number and location within the apartment or dwelling and by the
square footage thereof;
(g)
Whether such rental unit is equipped with a kitchen;
(h)
Whether the rental unit is equipped with a fire suppression
or fire sprinkler system, a fire extinguisher, a carbon monoxide alarm,
and a smoke detector alarm; and
(9)
A copy of the most-recent valid certificate of inspection issued
by the State of New Jersey Bureau of Housing, Department of Community
Affairs.
(10)
A certification that:
(a)
The property taxes and sewerage charges are current and paid
in full;
(b)
There are no unpaid assessments against the property;
(c)
The property does not contain any state or local code violations;
(d)
The rental facility or rental unit(s) are in compliance with
the International Property Maintenance Code;
(e)
A certificate of occupancy or continuing certificate of occupancy
has been properly obtained for each unit listed in this application;
and
[Added 6-28-2012 by Ord. No. 10-2012]
(f)
For those short-term-rentals to which the provisions of Chapter 228, Article II, of the Code are applicable, notification of the requirement of the collection of taxes has been provided to all marketplace platforms used in connection with the solicitation of rentals of the rental unit.
[Added 3-9-2023 by Ord. No. 7-2023]
(11)
The information referenced in Subsection C(1) through (7) hereof may be provided by attaching the landlord registration statement mandated by N.J.S.A. 46:8-28, certifying that the information contained therein remains true and accurate or, in the event of any change, amending said registration certificate accordingly.
(12)
Such other information as may be prescribed by the City on the
appropriate registration form or otherwise by ordinance or resolution.
(13)
For all short-term rentals, the requirements of Subsection C(8)(c), (d) and (i) need not be provided at the time of said registration. However, this information is to be obtained, recorded and maintained in ledger form by said landlord and supplied to the Code Enforcement Officer of the City of Somers Point, or his/her designee, either upon demand or at the time of the annual inspection of said rental unit as set forth in Subsection B of § 169-48. The applicant shall also provide on the registration form the following:
[Added 1-28-2021 by Ord.
No. 2-2021; amended 3-9-2023 by Ord. No. 7-2023]
(a)
The maximum number of occupants that will be renting, occupying and/or
staying at the property at any one time, which number shall not exceed
either the restrictions imposed by N.J.A.C. 5:28-1.1, or that of two
occupants per bedroom, plus two, whichever is the lesser of the two.
(b)
The identity of all marketplace platforms that the landlord will
use in connection with the rental of the property.
D.
Filing of registration certificate.
(1)
All registration certificates for single-dwelling rental units and
all two-unit dwelling units that are not owner-occupied are to be
filed in the office of the Somers Point City Clerk or with his or
her designee. The Municipal Clerk shall index and file the registration
forms and make them reasonably available for public inspection. In
doing so, the Municipal Clerk shall follow the mandates of N.J.S.A.
46:8-28.1, as amended and supplemented, so that the filing of the
registration form will simultaneously satisfy the registration requirements
of N.J.S.A. 46:8-28 to the extent that it applies to the property
being registered and will also satisfy the registration requirements
of this section.
(2)
All other registration certificates are to be filed in the office
of the Somers Point Code Enforcement Officer of the City of Somers
Point or with his or her designee.
E.
Filing of registration certificate.
[Amended 6-28-2012 by Ord. No. 10-2012]
(1)
Registration
certificate license application forms shall be available in the office
of the Somers Point City Clerk and the Somers Point Code Enforcement
office during normal business hours and may also be requested by mail
addressed to either the City Clerk or the Code Enforcement office,
Somers Point City Hall, 1 W. New Jersey Avenue, Somers Point, NJ,
08244.
(2)
All
registration certificates are to be filed in the office of the Somers
Point Code Enforcement Officer of the City of Somers Point or with
his or her designee.
(3)
The
Somers Point Code Enforcement Officer of the City of Somers Point
shall index and file the registration license application forms and
make them reasonably available for public inspection. In doing so,
the Code Enforcement Officer shall follow the mandates of N.J.S.A.
46:8-28.1, as amended and supplemented, so that the filing of the
registration form will simultaneously satisfy the registration requirements
of N.J.S.A. 46:8-28 to the extent that it applies to the property
being registered and will also satisfy the registration requirements
of this section.
F.
Amended registration forms. Every person required to file a rental registration form pursuant to this Article V of Chapter 169 shall file an amended rental registration form within 20 days after any change in the information required to be included thereon. No fee shall be charged for the filing of the amendment, including an amendment for change of tenancy, except upon a change in ownership of the rental property in which the rental unit is located, for which the full fee shall be paid.
G.
All short-term rentals, as operating businesses, are also required to obtain a mercantile license as set forth in Chapter 174 of this Code, and in order to maintain said license, may not be rented or leased out for a time period of less than three nights. A clear depiction of the subject's mercantile license shall be posted as a separate photo on any advertisement on a marketplace platform for the rental of the property.
[Added 1-28-2021 by Ord.
No. 2-2021; amended 3-9-2023 by Ord. No. 7-2023]
H.
At the time of the filing of the registration certificate referred to in Subsection B, or at the time of any registration amendment due to tenant turnover, every owner shall present to the Code Enforcement Office notice of the last tenant turnover date, as well as a valid lead-based paint evaluation report prepared by a certified lead evaluation contractor as set forth in Subsection K below. Should the owner fail to provide such a report within 30 days of filing, the City shall have said inspection performed with the City's cost for same to be assessed against the landlord's rental property as a municipal lien.
[Added 8-18-2022 by Ord. No. 17-2022]
I.
Should
the evaluation report identify lead-based hazards, then the owner
shall remediate the hazards through abatement or lead-based hazard
control mechanisms. The remediation shall be confirmed through a subsequent
lead-based hazard inspection. The identification of a lead-based hazard
will result in the City, or the inspector retained to conduct such
inspections, providing notification of same to the Commissioner of
Community Affairs.
[Added 8-18-2022 by Ord. No. 17-2022]
J.
If there are no findings of a lead-based hazard in the initial or any subsequent inspection conducted pursuant to the provisions of Subsections H and I above, the lead evaluation inspector or representative of the City shall certify the unit as lead-safe, on a form proscribed by the Department of Community Affairs. This lead-safe certification shall be valid for two years. A copy of this certification shall be provided to the tenants of the unit inspected.
[Added 8-18-2022 by Ord. No. 17-2022]
K.
Notwithstanding the provisions of Subsection H above, a dwelling unit in a single-family, two-family, or rental dwelling shall not be subject to inspection and evaluation for the presence of lead-based paint hazards if the unit:
[Added 8-18-2022 by Ord. No. 17-2022]
(1)
Has
been certified to be free of lead-based paint;
(2)
Has
previously been inspected, and three years will not have passed before
the next required registration of the property and there has not been
a tenant turnover since the last inspection;
(3)
Was
constructed during or after 1978;
(4)
Is
in a multiple dwelling that has been registered with the Department
of Community Affairs as a multiple dwelling for at least 10 years,
either under the current or a previous owner, and has no outstanding
lead violations from the most recent cyclical inspection performed
on the multiple dwelling under the Hotel and Multiple Dwelling Law,
N.J.S.A. 55:13A-1 et seq.
(5)
Is
a single-family or a two-family seasonal rental dwelling which is
rented for less than six months during each year by tenants that do
not have consecutive lease renewals; or
L.
Pursuant
to the provisions of N.J.S.A. 52:27D-437.16, unless a unit owner demonstrates
that the Department of Community Affairs has already assessed an additional
inspection fee of $20, a fee of $20 for each inspection per unit shall
be paid by the owner at the time of the registration of the unit.
Said fee shall be deposited by the City into the Lead Hazard Control
Assistance Fund established pursuant to N.J.S.A. 52:27D-437.4.
[Added 8-18-2022 by Ord. No. 17-2022]
[Amended 6-28-2012 by Ord. No. 10-2012]
A.
No agent, agent of an owner, real estate agent or broker, firm, company, partnership, corporation or person or persons shall sell, rent, transfer, grant, lease, sublease, let, mortgage with right of occupancy or otherwise dispose of the ownership or occupancy of any rental unit which is subject to this Article V of Chapter 169, whether such disposal or occupancy is temporary or permanent, unless a certificate of occupancy or continuing certificate of occupancy is issued certifying that said rental unit is fit for human habitation and that said rental unit is in compliance with all ordinances of the City of Somers Point, which certificate shall be first obtained from the Code Enforcement Officer or Zoning Officer of the City of Somers Point, or his or her authorized designee.
B.
No such vacated rental unit shall be rented or occupied in whole or in part by any new owner, occupant or tenant until an inspection has been made by the above-referenced designated official as to whether the rental unit is in violation of any of the applicable laws, ordinances or codes of the City of Somers Point, the State of New Jersey or the United States of America. If no such violation is found to exist, a continuing certificate of occupancy shall be issued; otherwise, the owner shall be notified in writing of the specific violations found. No such rental unit shall be occupied until such time as the violations have been corrected. Applications for certificates of occupancy and continuing certificates of occupancy shall be available to applicants at the Somers Point Building Department. For short-term rentals, the aforesaid inspection is not required for changes in occupancy and/or tenancy, but an inspection by the aforementioned representative of the City for the property is required to occur once a year, and shall occur within 15 days of the application for the property's mercantile license. Failure to have such an inspection conducted shall result in the immediate suspension of the right to lease the premises. The landlord of a short-term rental shall conduct quarterly self-inspection of the property for health and safety purposes using a form issued by the City's Code Enforcement Officer of the City of Somers Point, or his or her authorized designee, which completed forms shall be maintained and kept with the ledger referenced in Subsection C(13) of § 169-47 of the within article, and shall be provided to said designated official at the time of the inspection.
[Amended 1-28-2021 by Ord. No. 2-2021]
(1)
The
applicant shall be responsible to pay all inspection and other applicable
fees then in effect associated with any such inspection or reinspection,
which shall be payable prior to any such inspections.
(2)
The City Council shall, by resolution, enact and from time to time may amend standardized fees for the inspection, reinspection, and other scheduled fees as provided in Chapter 100 of the Somers Point Municipal Code. The license registration fee is a separate fee and has no relationship to fees for certificates of occupancy, continuing certificates of occupancy, inspection or other fees which may be assessed.
C.
Whenever
inspections of the premises used for or in connection with the operation
of the rental property are provided for or required by ordinance,
or are reasonably necessary to secure compliance with any ordinance
provisions or to detect violations thereof, it shall be the duty of
the person in charge of the premises to be inspected to admit thereto,
for the purpose of making the inspection, any officer or employee
of the City who is authorized or directed to make such inspection,
at any reasonable time that admission is requested. This obligation
is not limited to inspections arising out of a request for a certificate
of occupancy or a continuing certificate of occupancy which has been
properly obtained for each unit listed in this application.
[Amended 6-28-2012 by Ord. No. 10-2012]
A.
Each rental
unit shall be registered annually. The registration term shall commence
September 15 of the applicable year the unit is registered with the
City and will expire on September 14 of each such year.
B.
All registration
certificates shall be filed prior to the 15th day of August.
C.
The term
of the license shall be the same as the certificate term.
[Amended 1-28-2021 by Ord. No. 2-2021]
There shall be imposed a fee of for each registration statement, which shall be due at the time the registration statement is submitted. In the event the fee is not paid on or before the due date, a late fee of $35 shall be paid in addition to the regular fee. All such fees shall become a part of the general City treasury. When the rental unit does not become subject to this registration requirement until after December 31 of the then-current calendar year, the fee shall be 1/2 of the full registration certificate fee. This payment of the fee shall satisfy the fee requirement of § 169-39A of Article III of this chapter, and no additional fee shall be payable under that section. No owner or landlord of a short-term rental shall be required to pay a registration fee as long as they can demonstrate at the time of registration that they hold a current, valid mercantile license for the short-term rental business conducted at the property.
A.
Fee schedule. Each rental unit not occupied by the owner or family
member and subject to this registration requirement: $50 per unit.
B.
Exception to registration fee requirement.
(1)
No rental unit which is occupied by the owner, the family members
of the owner or people living with the owner as a household shall
be required to pay the fee; but they shall be required to file a registration
certificate.
(2)
If the owner of a two-unit property is a senior citizen who resides
in one unit of the property and rents out the remaining unit and would
otherwise qualify under the State of New Jersey property tax deduction,
there shall be no fee; but the registration certificate shall be filed
for the rental unit.
C.
Registration fee modifications. The registration fee shall be reviewed
annually by the governing body and shall be subject to change not
more frequently than annually by resolution of the City Council.
[Amended 1-28-2021 by Ord. No. 2-2021; 3-9-2023 by Ord. No. 7-2023]
A.
It shall
be unlawful and a violation of this article as to all rentals, regardless
of time limit:
(1)
For
a person to occupy any rental unit or for the owner or agent to permit
occupancy of any rental unit within the City of Somers Point for which
a registration certificate has not been filed and issued in accordance
with this article. The owner of any rental unit bears the burden of
proof in certifying that such premises is lawfully authorized to be
utilized and operated as a residential rental dwelling unit.
(2)
For an owner, permittee, lessor or registered agent of any rental
unit to allow a number of people greater than the maximum number of
occupants listed on the registration certificate form.
(3)
For an owner, permittee, lessor or registered tenant to allow a number
of people greater than the maximum number of people permitted to occupy
the decks or porches of any rental unit.
(4)
For an owner, owner's agent or tenant to violate any of the
provisions of the New Jersey State Housing Code, N.J.A.C. 5:28-1.1
et seq.
(5)
For a person to charge, demand, receive or accept any rent or other payment or nonmonetary consideration for use or occupancy of any rental unit within the City of Somers Point which is used or occupied in violation of Chapter 114, Development Regulations, of the Municipal Code of the City of Somers Point. Each such charge, demand, receipt or acceptance of rent or other payment in violation hereof shall constitute a separate offense.
(6)
For any person, including the owner, agent, tenant or registered
tenant, to allow a greater number of persons than the posted maximum
number of occupants to sleep in or occupy overnight a rental unit
for a period exceeding 29 days in any six-month period. In the case
of a short-term rental, the twenty-nine-day exception referenced herein
is not allowed.
(7)
For a person to rent or lease out any amenities and or accessories
to an apartment or dwelling unit without full use of the apartment
or dwelling unit, including, but not limited to basements, attics,
trailers, pools, yards and/or accessory buildings.
B.
It shall be unlawful and a violation of this article as to short-term
rentals:
(1)
For a person to rent out an apartment or dwelling unit for the hosting
of a commercial or social event.
(2)
For a person to rent out separate bedrooms within an apartment or
dwelling unit to either different short-term tenants, or as a short-term
rental while another household is occupying the same apartment or
dwelling unit.
(3)
For a person to rent out a camper or motor home on the property of
any apartment or dwelling unit either in connection with a short-term
rental, or as the short-term r
A.
The Zoning Official, Construction Official and Code Enforcement Officer
are hereby authorized to make inspections to determine the condition
of rental facilities and rental units, in order that they may promote
the purposes of this article to safeguard the health, safety and welfare
of the occupants of rental facilities, rental units and of the general
public. For the purposes of making such inspections, the inspecting
officers are hereby authorized to enter, examine and survey rental
facilities and rental units at all reasonable times. The owner or
occupant of every rental facility and rental unit shall give the inspecting
officer free access to the rental facility and rental unit at all
reasonable times for the purpose of such inspections, examinations
and surveys.
[Amended 3-9-2023 by Ord. No. 7-2023]
B.
In the event the City has a reasonable basis to believe that the occupancy limit of any rental unit is being exceeded, the City's designated representative shall contact the landlord, owner or agent, who shall use his best efforts to obtain and provide to the City the accurate information as to the occupants of such rental unit and shall provide access to the residential unit upon request. It shall be a violation of this section for any other person(s) to reside in said premises, and repeated occupancy violations by a tenant shall subject the tenant and landlord to the requirements and penalties set forth in §§ 169-54 and 169-55 of this article.
C.
Every occupant shall give the owner of the rental facility and rental
unit access to any part of such rental facility or rental unit at
all reasonable times for the purpose of making such repairs or alterations
as are necessary to effect compliance with the provisions of this
article or any lawful order issued pursuant thereto.
D.
Complaints. Within 10 days of receipt of a bona fide complaint alleging
a reported violation of this article, an inspecting officer shall
conduct an inspection as hereinbefore provided.
E.
Nothing contained within this section shall relieve the said inspector
from providing the landlord/owner and tenant/occupant with such prior
notice, if any, as required by current laws and/or regulations of
the State of New Jersey.
[Amended 3-9-2023 by Ord. No. 7-2023]
The proper enforcement of the provisions of this Article V shall be within the jurisdiction of the Zoning Official and/or Code Enforcement Officer of the City of Somers Point and, additionally, within the jurisdiction of any officers charged with providing the necessary inspections required by law or regulation.
A.
Any person violating or failing to comply with any of the provisions of this Article V of Chapter 169, including failing to file a registration certificate or failing to provide true and accurate information, shall, upon conviction thereof, be punishable by a fine of at least $250 and not more than $1,000 or by imprisonment in the county jail for a term not to exceed 90 days, or both, in the discretion of the court. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
[Amended 3-9-2023 by Ord. No. 7-2023]
B.
Any person who is convicted of violating any provision of this Article V of Chapter 169 within one year of the date of a previous violation of the same provision of this same article and who was fined for the previous violation shall be sentenced by a 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 nor exceed the maximum fine fixed for a violation of this article but shall be calculated separately from the fine imposed for the violation of the ordinance or Code provision.
C.
Wherein
a landlord or agent of a short-term rental has been provided notice
of a sustained complaint of a noise and/or nuisance ordinance violation,
and there is a second sustained complaint regarding a noise and/or
nuisance ordinance violation within one week, a civil penalty of $1,500
shall be assessed against the landlord. Landlord shall have the right
to appeal the imposition of such a civil penalty by filing with the
City Clerk's Office a request of a hearing before City Council within
one week of notification of a civil penalty assessment.
[Added 3-9-2023 by Ord. No. 7-2023]
A.
Grounds. In addition to any other penalty prescribed herein, any owner may be subject to the revocation or suspension of the license issued hereunder, or pursuant to Chapter 174 of this Code, upon the happening of one or more of the following:
[Amended 3-9-2023 by Ord. No. 7-2023]
(1)
Conviction of a violation of this article in the municipal court
or any other court of competent jurisdiction.
(4)
Continuing, after notice, to permit the rental unit to be occupied
by more than the maximum number of occupants as defined in this article.
(5)
Maintaining the rental unit or units or the property in which the
rental unit(s) is a part in a dangerous condition likely to result
in injury to person or property.
(6)
Failing to pursue eviction of a lessee or tenant for good cause,
as defined by N.J.S.A. 18-61.1g, which includes a tenant or lessee
who:
(a)
Has continued to be, after written notice to cease, so disorderly
as to destroy the peace and quiet of the occupants or other tenants
residing in said house or neighborhood; or
(b)
Has willfully or by reason of gross negligence caused or allowed
destruction, damage or injury to the premises; or
(c)
Has continued, after written notice to cease, to substantially
violate or breach any of the landlord's rules and regulations governing
said premises which have been accepted by the tenant or made a part
of the lease at the beginning of a lease term; or
(d)
Has been convicted of or pleaded guilty to an offense, or if
a juvenile, has been adjudicated delinquent on the basis of an act
which, if committed by an adult, would constitute an offense under
the Comprehensive Drug Reform Act of 1987 (N.J.S.A. 2C;35-1 et seq.)
involving the use, possession, manufacture, dispensing or distribution
of a controlled dangerous substance, controlled dangerous substance
analog or drug paraphernalia, within the meaning of that act, within
or upon the leased premises or the building or complex of buildings
and land appurtenant thereto and has not, in connection with his sentence
for that offense, either
[1]
Successfully completed, or
[2]
Been admitted to and continued upon probation while completing,
a drug rehabilitation program pursuant to N.J.S.A. 2C:35-14; or, being
the tenant or lessee of such leased premises, knowingly harbors or
harbored therein a person who has been so convicted or has so pleaded,
or otherwise permits or permitted such a person to occupy those premises
for residential purposes, whether continuously or intermittently;
or
(e)
Has been convicted of or pleaded guilty to, or if a juvenile,
has been adjudicated delinquent on the basis of an act which, if committed
by an adult, would constitute an offense under N.J.S.A. 2C:12-1 or
N.J.S.A. 2C: 12-3 involving assault, or terroristic threats against
the landlord, a member of the landlord's family or an employee of
the landlord; or, being the tenant or lessee of such leased premises,
knowingly harbors or harbored therein a person who has been so convicted
or has so pleaded, or otherwise permits or permitted such a person
to occupy those premises for residential purposes, whether continuously
or intermittently; or
(f)
Has been convicted of or pleaded guilty to, or if a juvenile,
has been adjudicated delinquent on the basis of an act which, if committed
by an adult, would constitute an offense under N.J.S.A. 2C;20-1 involving
theft of property from the landlord, the leased premises or other
tenants residing in the same building or complex; or, being the tenant
or lessee of such leased premises, knowingly harbors or harbored therein
a person who has been so convicted or has so pleaded, or otherwise
permits or permitted such a person to occupy those premises for residential
purposes, whether continuously or intermittently; or
(7)
False or misleading information given or provided in connection with
the registration application or renewal; or
(8)
Failure to correct violations in the time period prescribed; or
(9)
Failure to permit lawful inspections; or
(10)
Failure to pay any fee herein provided for; or
(11)
Violation of the provisions of this article or any other ordinance
or law pertaining to the use of the property; or
(12)
In the case of a short-term rental, three sustained complaints in
a one-year period regarding the use and/or operation of the property
by either the tenants or landlord.
B.
Procedure; written complaints; notice; hearing.
(1)
A complaint seeking the revocation or suspension of a license may
be filed by any one or more of the following: Chief of Police, Construction
Code Official, the Zoning Enforcement Officer or any other persons
or office authorized to file such complaint. Such complaint shall
be in writing and filed with the City Clerk. The complaint shall be
specific and shall be sufficient to apprise the licensee of the charges.
The individual(s) filing the complaint may do so on the basis of information
and belief and need not rely on personal information.
(2)
Upon the filing of such written complaint, the City Clerk shall promptly
notify the City Council, and a date for a hearing shall be scheduled,
which shall not be sooner than 10 days nor more than 30 days after
such notice. The City Clerk shall, at the same time, provide a copy
of the complaint and a notice as to the date of the hearing to the
licensee and the agent, if any, at the address indicated on the registration
form. Service upon the agent shall be sufficient. Service may be made
by regular mail or by certified mail, return receipt requested, or
by personal delivery.
(3)
The hearing required by this section shall be held before a hearing
officer appointed by the City Council. The hearing officer shall transmit
findings of fact and the decision reached to the City Council and
charged party within 30 days of the conclusion of the hearing. A copy
of the decision shall be mailed to the licensee and his, her or its
agent by regular and certified mail to the address set forth on the
licensee's application promptly thereafter. The decision to be rendered
shall either be dismissal of the charges, revocation of the license,
a license suspension of not more than 180 days, or determining that
the license shall not be renewed or reissued for a period of one year.
In the case of a first offense, the suspension or revocation may be
for a period of up to 30 days; and if the offender commits no further
offense within that thirty-day period, the complaint will then be
dismissed.
(4)
A record of the proceedings shall be made by a stenographer or by
tape or other recording, and a transcript of the proceedings shall
be prepared at the request and expense of the licensee or licensee's
agent. All witnesses shall be sworn prior to testifying. The parties
and/or their attorneys shall have the right to give evidence and cross-examine
witnesses, whose testimony shall be given under oath. The strict rules
of evidence shall not apply, and the evidential rules and burden of
proof shall be that which generally controls administrative hearings.
(5)
All corporations must be represented by counsel.
(6)
In addition to the cost of the transcript of the hearing, if requested,
the licensee or licensee's agent, as the case may be, shall also be
responsible for the costs in connection with the mailings; and the
failure to pay such costs within 30 days of billing shall result in
an automatic and immediate suspension of the permit, which suspension
shall continue until the payment has been made.
(7)
The City Solicitor or designee shall appear and prosecute on behalf
of the complaining party in all hearings conducted pursuant to this
section.
(8)
A conviction in the municipal court, or other court having jurisdiction
over the matter, of a violation of the terms of this article or a
violation occurring on the premises of another City ordinance or law
of the State of New Jersey or United States of America, by the licensee
or licensee's agent, shall be prima facie evidence of guilt in the
proceedings before the governing body.
C.
Defenses.
(1)
It shall be a defense to any proceeding for the revocation, suspension
or other disciplinary action involving a rental license by demonstrating
that the owner has taken appropriate action and has made a good-faith
effort to abate the conditions or circumstances giving rise to the
revocation proceeding, including but not limited to the institution
of legal action against the tenant(s), occupant(s), or guest(s) for
recovery of the premises, eviction of the tenant(s) or otherwise,
and he or she is diligently pursuing the eviction action.
(2)
Where a violation has been identified as being committed by a tenant, and the landlord is actively pursuing eviction of said tenant, the landlord shall be entitled to successive thirty-day grace periods until the eviction proceedings are concluded, so long as landlord continues to diligently and continuously prosecute the eviction during the period. At any time, the City reserves the right to terminate the grace periods if the City, in good faith, believes the landlord has not diligently prosecuted the eviction, at which time a notice of hearing will issue as provided in § 169-55B.
D.
Other remedies. Nothing in this article shall prevent the City of
Somers Point from taking action under any other applicable rule, standard,
statute, or ordinance for violations thereof to seek either injunctive
relief or criminal prosecution for such violations as therein provided.
Nothing contained in this article shall prevent the City of Somers
Point from seeking injunctive relief against a property owner or designated
agent who fails to comply with the terms and conditions of this article
on registration and licensing, including an order prohibiting the
occupancy of such rental units until violations of this article have
been remedied by the property owner or designated agent.
When used herein, the singular shall include the plural, and
the masculine shall include the feminine, as the case may be.
[Amended 6-28-2012 by Ord. No. 10-2012]
The obligation to obtain a rental unit registration license certificate in compliance with this Article V shall be effective as of the date of final reading, adoption, and publication, but all owners shall have until August 15, 2012, to file the 2012 registration certificate with the Code Enforcement Officer as described in § 167-47E.
