[Ord. No. 713-2014 § 1]
Unless the context clearly indicates a different meaning, the
following words or phrases when used in this chapter shall have the
following meaning:
shall mean 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 Cape May 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.
shall mean any apartment, cottage, bungalow or other dwelling
unit consisting of one (I) or more rooms occupying all or part of
a floor or floors in a building of one (I) 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.
shall mean 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."
shall mean 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 (1) 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."
shall mean the license issued by the Borough 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 subparagraph
22-1.8.1 of this chapter.
shall mean 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.
shall mean 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."
shall mean 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.
shall mean 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."
shall mean an individual, firm, corporation, partnership,
association, trust or other legal entity, or any combination thereof.
shall mean 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.
shall mean 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.
shall mean a building or structure which contains one or
more Rental Units including, but not limited to, Resort Houses. 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-l, et
seq.
shall mean, 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.
shall mean 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 22 or bed and breakfast establishments, licensed by the Borough 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.
shall mean 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.
shall mean 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 sub-tenants.
shall mean 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".
[Ord. No. 713-2014 § 1]
This article shall be known as the "Rental License Regulations"
of the Borough.
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 Borough. All such properties, in addition
to the requirement of being licensed and inspected by the Borough,
are also required to be registered pursuant to the Landlord Registration
Act. Registration applies to all Rental Properties except those containing
one (1) or two (2) Rental Units which are owner-occupied. Multiple
dwellings containing three (3) 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 Borough 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 (3) Rental Units, except
for owner-occupied properties containing one or two unit(s), must
be registered with the Borough Clerk or the designee of the Borough
Clerk.
(b)
Those properties containing three (3) or more Rental Units must
be registered with the State of New Jersey.
(c)
All multiple dwellings containing three (3) or more units, regardless
of whether or not any of the units are rentals, must be registered
with the State.
This requirement is addressed further in subparagraph 22-1.3.1
of this chapter.
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 22, are nonetheless subject to periodic inspection by the Borough pursuant to Chapter 21 of the Avalon Borough Code. The frequency of such inspections is determined by New Jersey State Law.
[Ord. No. 713-2014 § 1; Ord. No. 766-2017]
It is the stated policy of the Borough that every property containing
Rental Unit(s) within the Borough, including one (1) or two (2) rental
units that are owner-occupied, shall be required to submit to inspection
and be licensed in order to be leased or occupied.
It is the opinion of the Borough Council, the legislative body
of the Borough, 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 Borough; to provide emergency response teams with adequate
knowledge of the location of such units within the Borough 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 Borough 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.
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 Avalon, 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.
The New Jersey Legislature, pursuant to N.J.S.A. 40:52-l (n)
specifically authorized municipalities to license and regulate the
"rental of real property for a term of less than one hundred seventy-five
(175) consecutive days for residential purposes by a person having
a permanent place of residence elsewhere."
Furthermore, most, if not all, such Rental Units are located
within residential neighborhoods in the Borough 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
one hundred seventy-five (175) days.
[Ord. No. 713-2014 § 1]
a.
The Owner of Rental Unit(s) has a dual responsibility as follows:
1.
Each Rental Property containing one or more Rental Units must be
licensed and inspected, at least annually, by the Borough in accordance
with this chapter; and
2.
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:
(a)
Owner occupied one or two Rental Units: No registration is required.
(b)
Non-owner occupied one or two Rental Units: Must be registered
(in addition to being licensed and inspected) with the Municipal Clerk
or designee.
(c)
Properties containing three or more Rental Units must be registered
with the State of New Jersey.
3.
As an accommodation to Borough 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.
[Ord. No. 713-2014 § 1]
a.
All rental properties located within the Borough shall be required to be inspected and licensed annually by the Borough. In addition, all such rental properties shall also be registered with either the Borough Clerk (or designee) or the State of New Jersey as required in Subsection 22-1.3.1. 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, and motels.
[Amended 8-10-2022 by Ord. No. 850-2022]
1.
Effective January 1, 2023, any property that was originally constructed
and operated as a hotel or motel and which has subsequently converted
to condominium ownership, sometimes referred to as a "condominium
motel," is subject to the registration, licensing, inspection, and
all other provisions of this chapter. For purposes of this chapter,
such building or structure shall be deemed a condominium for all purposes
and shall cease to be classified as a hotel or motel.
2.
Any condominium unit owner(s) who elect(s) to rent the unit, on or
after the January 1, 2023, effective date, and regardless of whether
such rental is made through a central office such as a hotel or motel
office or front desk, or through a licensed real estate broker or
salesperson, or through the use of an online rental service, or through
a central rental location, or by any other means or method, shall
comply with the provisions of this chapter.
3.
Any such unit owner who has paid or tendered the required license
fee for 2022, prior to the effective date of this subsection, shall
have such fee applied to the 2023 license fee.
4.
Any hotel or motel owner or operator who retains ownership of one
or more units in a building or structure that has been converted to
a condominium, and who chooses to rent any or all of such units, shall
be subject to all of the provisions of this chapter.
b.
All Rental Units shall be licensed by the Borough. Application for
a Rental License shall be made on forms which shall be provided for
that purpose by the Borough Licensing Clerk. Such licensing shall
be required on an annual basis; that is, at least once in every consecutive
twelve (12) 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.
[Ord. No. 713-2014 § 1]
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 Borough. No inspection of the Rental
Unit shall be conducted by the Borough until such time as the Application
is deemed complete by the Borough and the Owner pays all required
fees.
Upon the filing of an initial application for a Rental License, the Rental Unit shall be inspected prior or 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 subsection 22-1.8 of this chapter.
[Ord. No. 713-2014 § 1]
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 Borough 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.
[Ord. No. 766-2017]
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 Borough and pass such inspection. The procedure for the scheduling of such inspections shall be in accord with the procedure set forth in subsection 22-1.8 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 Cape May County, New Jersey, the
Owner shall designate in writing an Agent or Managing Agent who resides
in Cape May County who is authorized to accept notices from a tenant
and to issue receipts therefore and to accept service of process on
behalf of the record Owner.
e.
The applicant shall file annually a certificate of liability insurance as required by Avalon Code § 10-19.5 showing that the rental units are covered by liability insurance as required by § 10-19.7. (NOTE: Minimum liability insurance for negligent acts and omissions in an amount of no less than $500,000 for combined property damage and bodily injury to or death of one or more persons in any one accident or occurrence for rental units shall be not less than $500,000.) Commencing with the 2023 license renewal, the applicant must provide to the Bureau of Licenses a current valid certificate of insurance as a condition of receiving a rental license. If such certificate expires during the license term, the applicant shall provide the Bureau of Licenses with a current valid certificate demonstrating the renewal or replacement of such insurance policy with the required liability insurance coverage. Failure to maintain such liability insurance for the entire license term shall constitute a violation of this chapter and subject the applicant or owner to the penalty provisions hereof.
[Added 1-11-2023 by Ord. No. 854-2023]
[Ord. No. 713-2014 § 1]
The Borough may deny the issuance of a License or may refuse
to renew a Rental License in accordance with the provisions of this
chapter.
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.
[Ord. No. 713-2014 § 1]
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.
Conducting the licensed Rental Unit(s) business in any unlawful manner
or so as to constitute a breach of the peace or a menace to the health,
safety, or welfare of the public, including such conduct when engaged
in by the licensee's agents, servants or employees.
f.
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.
g.
Any grounds which would justify the revocation or suspension of a
Rental License as specified in Article 3 of this chapter shall also
be cause for the denial or any renewal of a Rental License.
[Ord. No. 713-2014 § 1]
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 Borough in accordance with the procedures set forth
in Article 4 of this chapter. Such appeal shall be filed not later
than 45 days following notification of Borough action.
Such appeal shall be in writing, with the original filed with
the Borough Clerk, and a copy filed at the same time with the Licensing
Clerk. Upon receipt of such appeal, the Borough Clerk shall notify
the Business Administrator and the Borough Solicitor of such filing
and the Borough 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 Borough Council following the same general procedures outlined
in Article 4 of this chapter. The Hearing Officer shall transmit his
findings of fact and conclusions of law to the Borough Council within
fifteen (15) days of the conclusion of the hearing. Borough 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.
The Municipal Prosecutor or his designee shall represent the
Borough at the hearing of the appeal.
[Ord. No. 713-2014 § 1]
The notice of appeal to be filed with the Borough 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.
[Ord. No. 713-2014 § 1]
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 Borough.
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 paragraph
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.
Rental Properties are located in geographical zones which are determined
administratively by the Licensing Clerk. Depending on the geographical
location of the Rental Property, the License Year shall expire one
year after the last day of the month in which such property was initially
scheduled for inspection ("Initial Scheduled Inspection Date"). All
Rental Properties within a certain geographical zone shall expire
during the same month regardless of the date an Owner submits an application
for a Rental License.
f.
Renewal Application - The License Clerk shall schedule renewal inspections
generally during the first 4 months of the succeeding year. Inspections
are scheduled based on the geographic location of the subject Rental
Property and in the same month that the current Rental License is
scheduled to expire.
1.
Owners will be notified by mail the date scheduled for inspection
of their Rental Property. This shall be the "Initial Scheduled Inspection
Date for Renewal of Rental License" and shall be prior to the scheduled
expiration of the current Rental License. When issued, which is the
date when the Rental Unit or Property passes inspection, the Rental
License shall remain in effect until the last day of the month in
which the subsequent "Initial Scheduled Inspection Date for Renewal
of Rental License" is scheduled to occur in the next succeeding License
Year unless sooner revoked or suspended in accordance with this chapter.
2.
No renewal inspection shall be conducted, however, and no Rental
License will be issued, until the owner pays all required fees, and
otherwise complies with all conditions imposed by the Borough for
the issuance of a Rental License.
g.
By way of illustration, if an Owner is scheduled to have a Rental
Unit inspected in February but a Rental License is not issued until
sometime after the end of February as a result of an initial inspection
failure or the Owner's failure to comply with the provisions of this
chapter, the Rental License shall thereafter be issued and dated as
of the date the Property passes inspection and the Owner complies
with the provisions of this chapter and expire the last day of February
of the following year.
h.
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 Borough's satisfaction
the reasons for the failed inspection and the Rental Property will
be reinspected before a Rental License is issued by the Borough and
delivered to the Owner or Owner's Agent.
i.
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 Borough 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.
j.
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.
[Ord. No. 713-2014 § 1]
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.
[Ord. No. 713-2014 § 1]
Each Rental Unit shall be inspected at least once in each License
Year.
[Ord. No. 766-2017]
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, shall be cyclically inspected by the Borough'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 Borough,
as well as any other code or codes in effect and applicable at the
time of any inspection.
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 Borough'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 Avalon Borough Code.
b.
Condominium Units. Each condominium unit constitutes a separate Rental
Unit within the meaning of this chapter. Individual condominium units
shall be inspected in accordance with paragraph a above.
[Ord. No. 713-2014 § 1; Ord. No. 766-2017]
[Ord. No. 713-2014 § 1]
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.
[Ord. No. 713-2014 § 1]
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 thirty (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 thirty (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 thirty (30) days, or upon the expiration
of such shorter time, if applicable. For good cause, the thirty (30)
day period may be extended by the Fire Inspector, with the consent
of the Fire Official as herein provided.
[Ord. No. 713-2014 § 1; Ord. No. 766-2017]
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).]
[Ord. No. 766-2017]
[Ord. No. 713-2014 § 1]
Upon reinspection of a Rental Unit, if it is determined that
the necessary repairs have not been made within the time period specified
in subparagraph 22-1.10.3, 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.
[Ord. No. 713-2014 § 1]
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.
[Ord. No. 713-2014 § 1]
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 Borough unless the same has been registered,
inspected and licensed in accordance with this chapter.
[Ord. No. 713-2014 § 1]
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.
[Ord. No. 713-2014 § 1]
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.
[Ord. No. 713-2014 § 1]
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 Borough will, on request and without charge,
provide to each real estate office a list of all Rental Units which
have been licensed.
[Ord. No. 713-2014 § 1]
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 (I) occupant shall
contain at least the minimum square footage as calculated by the Borough
officials using either the International Building Code 2009, New Jersey
Edition, Table 1004.1.1 or the standards heretofore established by
the BOCA National Building Code, 1996 Edition (Building Officials
Code Administrators International, whichever is more restrictive,
except that any such room in any building or structure which is in
existence and for which a certificate of occupancy has been issued
as of March 31, 1988 shall be deemed to accommodate two (2) people
notwithstanding the fact that such room does not have the minimum
square footage as required by this section.
b.
Rental Units shall not be occupied by more than the maximum number
of occupants as determined in accordance with subparagraph a. above,
but subject to the provisions of subsection 22-1.13I.
c.
Prohibited Occupancy. Kitchens, non-habitable spaces and interior
public areas shall not be occupied for sleeping purposes.
[Ord. No. 713-2014 § 1]
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 twenty-four (24) occupants, as provided
in the Hotel/Motel Dwelling Law N.J.S.A. 55:13A-I, et seq.
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-l, et
seq.)
[Ord. No. 713-2014 § 1]
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.
[Ord. No. 713-2014 § 1]
Every Owner of a Rental Property or Rental Unit shall:
a.
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 Borough 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.
b.
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:
1.
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 Borough
pursuant to this chapter.
2.
Owners of one and two Rental Units which are not owner occupied are
required to register such Rental Units with the Borough 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
Borough pursuant to this chapter.
3.
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
Borough in accordance with this chapter.
Every Owner of a Rental Property or unit shall have the following
further duty and responsibility:
c.
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.
d.
The duty of the Owner or Managing Agent under subsection 22-1.15 may be discharged through a Realtor or other Rental Agent provided that such Realtor or Rental Agent agrees, in writing, to discharge that responsibility.
e.
All owners of licensed Rental Units and Managing Agents thereof will
be provided with an Owner/Tenant/Agent "Notification of Responsibilities
Form", produced and made available by the Borough, at the time of
submission of the License application form and which shall otherwise
be available through the Borough and online. Such notice shall indicate
the obligations of the Owner, Managing Agent, Tenant and Rental Agency
under this Chapter. A copy of such notice shall be affixed to each
copy of each lease of a Rental Unit and a copy shall also be posted
and remain posted in each Rental Unit.
f.
The Owner/Tenant/Agent "Notification of Responsibilities Form" referred
to herein shall be provided to each Tenant appearing on any lease
by the Landlord if a direct rental between Landlord and Tenant, or
by the Managing Agent, Realtor, Rental Agent, attorney or other agent
if the services of an agent are employed.
[Ord. No. 713-2014 § 1]
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 Borough Officials or employees including the Director of Public
Safety or his designee, The Chief of Police or any officer of the
Avalon Police Department or any representative of the licensing, inspection
or Code Enforcement departments or divisions of the Borough of Avalon
or a representative of the Cape May 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
Borough 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.
[Ord. No. 713-2014 § 1]
The Borough 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. For example, a bill for a Fire
Inspection sent toward the end of 2015 for 2016 shall be in the amount
of $75.00, not $50.00.
[Ord. No. 713-2014 § 1]
License fees shall be charged for each Rental Unit as follows:
[Ord. No. 713-2014 § 1]
a.
Fire Inspection fees, except as indicated below shall be charged
as follows:
|
Each Rental Unit in a property:
| |
|
Through December 31, 2015
|
$50.00
|
|
Beginning January 1, 2016
|
$75.00
|
|
Reinspection Fee
|
$25.00 each reinspection
|
b.
Such fees for duplex and triplex structures, which are defined as
two or three units, whether or not the same are owner-occupied, and
provided that the units are under single ownership and are not condominiums
shall be charged as follows:
|
First Rental Unit in a Duplex or Triplex:
| |
|
Through December 31, 2015
|
$50.00
|
|
Beginning January 1, 2016
|
$75.00
|
|
Each Additional Unit- Through December 31, 2015
|
$15.00
|
|
Each Additional Unit- Effective January 1, 2015
|
$25.00
|
|
Reinspection Fee
|
$25.00 for each reinspection
|
[Ord. No. 713-2014 § 1; Ord. No. 766-2017]
a.
All license and inspection fees shall be payable to the Borough as
follows:
1.
Initial License Application: All fees shall be payable at the time
the initial license application is submitted.
2.
Renewal Applications: A renewal application and invoice will be mailed
to each current License holder during the last 3 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.
3.
Late Payment: If all fees are not paid by December 31, an additional
late payment fee of $50.00 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.
[Ord. No. 766-2017]
[Ord. No. 713-2014 § 1; Ord. No. 766-2017]
The provisions of any of the several Articles of this chapter
shall be enforced by any one or more of the following: the Director
of Public Safety, Deputy Director of Public Safety, the Chief of the
Avalon Police Department or his/her designee, the Construction Code
Official, the Fire Official, the Licensing Clerk, Code Enforcement
Official and Zoning Official of the Borough, and the Cape May County
Department of Health.
[Ord. No. 713-2014 § 1]
Borough Council is authorized to adopt, by resolution, rules
and regulations pertaining to the enforcement of this chapter.
[Ord. No. 713-2014 § 1]
Any Person violating any of the provisions of this article shall,
upon conviction, be subject to one (I) or more of the following:
[Ord. No. 713-2014 § 1]
Any Person convicted of violating this Ordinance within one
(1) 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 Ordinance,
but shall be calculated separately from the fine imposed for the violation
of the Ordinance. (See N.J.S.A. 40:49-5)
[Ord. No. 713-2014 § 1]
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:
Any Administrative Penalties contained in:
