[Ord. No. 875 § 1; Ord. No. 986 § 1]
The Construction Official or his/her designee Inspector and/or the Police Chief or his/her designee Officer and/or the Housing Inspector or his/her designee shall be appointed as the Officers to exercise the powers prescribed by this chapter and to enforce the provisions thereof. All references hereafter in this chapter to the Official shall relate to and include the person or persons designated by the Construction Official as his/her designee Inspectors or the Police Chief as his/her designee Officers or the Housing Inspector as his/her designee Inspectors.
[Ord. No. 875 § 2; Ord. No. 986 § 2]
The Construction Official or his/her designee Inspector and/or the Police Chief or his/her designee Officer or the Housing Inspector or his/her designee Inspectors shall be authorized to inspect any rental dwelling unit for the purpose of enforcing City ordinances or State laws with the consent of the owner or permittee.
[Ord. No. 986 § 3; Ord. No. 1431 § LV]
The Secretarial Assistant in the office of the City Clerk shall be Supervisor of this chapter and shall collect the necessary records and documents to ascertain compliance with the provisions of this chapter. The Supervisor shall report semi-annually, in writing, to the Mayor concerning compliance with this chapter and the amount of expenditures related to this chapter as implemented throughout the City.
[Ord. No. 875 § 3; Ord. No. 986 § 4; Ord. No. 1146 § I; Ord. No. 1161 § II; Ord. No. 1411 § 1]
As used in this chapter:
- CONTACT PERSON
- Shall mean the individual or individuals designated by the owner on the application for a mercantile license for rental units who is authorized by the owner to receive notice of violations of the Revised General Ordinances, Sections 11-1 through 11-5.3 arising at the dwelling unit. The term does not necessarily mean 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; however, the term may include a licensed real estate broker or salesman of the State of New Jersey if the person designated by the owner as his/her contact person is so licensed. The contact person shall be a resident of Cape May County, New Jersey for the term of the rental of the dwelling unit.
- DWELLING UNIT
- Shall mean any apartment, cottage, bungalow or other dwelling unit consisting of a room or a suite of rooms designed with or without housekeeping facilities for dwelling purposes regardless of whether or not the unit occupies one or more floors and regardless of whether the unit occupies an entire building or only part of a building, exclusive of motels, hotels, boarding houses and other structures governed by State laws.
- CONDOMINIUM UNIT
- Shall mean a separate dwelling unit when offered for rent under this chapter.
- CONDOMINIUM MOTEL
- Shall mean a motel which has been converted to a condominium where the individual dwelling units are rented. If the motel condominium is not inspected by the Department of Community Affairs of the State of New Jersey pursuant to the Hotel and Multiple Dwelling House Act, then each of the units shall be subject to this chapter when offered for rent.
- LAMINATED LIST
- Shall mean the list compiled by the City of Sea Isle City containing various sections of the Code of the City of Sea Isle City deemed to be of importance to tenants of rental dwelling units. The list shall be laminated and distributed by the City of Sea Isle City to landlords with each rental permit. The list shall outline relevant portions of the Code of the City of Sea Isle City pertaining to topics such as noise, trash, alcoholic beverages, rental mercantile licenses, recycling, water, dogs, beach, dunes, and parking.
- OFFER FOR RENT
- Shall mean to take away any action toward the rental of a dwelling unit, including but, not limited to posting of for rent signs, advertising for rent, listing the unit for rent with a realtor, etc.
- Shall mean the person to whom a permit is issued hereunder.
- REGISTERED TENANT
- Shall mean the person or persons to whom a dwelling is leased or rented by the permittee. All children under 12 years of age shall be excluded from the term "registered tenant."
- Shall mean the occupancy of a dwelling unit or units by person or persons who do not claim to be related persons to the owner and/or who claim to have paid rent when asked by Code Enforcement; or to grant the possession and enjoyment of one's dwelling unit to unrelated person or persons; or to allow the possession and use of one's dwelling unit in exchange for payment.
- SLEEPING ACCOMMODATIONS
- Shall mean the number of individuals who may be properly accommodated in the beds and other sleeping facilities located within any rental unit. A standard single bed shall count as a proper accommodation for one individual and a standard double bed shall count as a proper accommodation for two individuals.
[Ord. No. 875 § 4; Ord. No. 986 § 5; Ord. No. 1269 § I]
No person shall rent or offer for rent any dwelling unit without first licensing the premises as provided by obtaining a permit from the City Clerk.
Said permit shall be displayed on or near the main entrance of the rental unit in a conspicuous location so as to be visible from the exterior of the unit. In multiple dwelling units of 12 units or more there may be designated a central location for the posting of all rental permits for that location which is accessible to be viewed and for which notice shall be given at the time of application.
[Ord. No. 875 § 5; Ord. No. 986 § 6]
The application for a permit shall be made to the City Clerk on forms provided. The fee for the permit shall be set forth in the Mercantile Ordinance of the City. The permit shall expire on April 30 of the year subsequent to its issue.
[Ord. No. 875 § 6; Ord. No. 986 § 7; Ord. No. 1161 § III]
The application rental permit shall contain the following information:
The name, address and telephone numbers, both daytime and nighttime, of the owner of the dwelling unit or the name, address, daytime and nighttime telephone numbers of a contact person for the property. The contact person for the property does not need to be listed if the owner of the property is a Cape May County resident who actually resides in Cape May County for the period of the leasehold or if the property is rented through a real estate agent or real estate agency. The contact person of the property must be a resident of Cape May County for the term of the leasehold. If the owner of the property lists a contact person for the property, the owner must certify on the mercantile license application that the owner has received the approval with the contact person to serve in that capacity.
The address of the dwelling and an exact description of the same, including the name, if any, and the street and number by which the dwelling unit is designated.
A statement that the applicant understands that he or she must comply with the rules and regulations of the State of New Jersey and the City of Sea Isle City and that the premises shall be subject to inspection by the Construction Official of the City during reasonable hours in order that said Official might ascertain if the dwelling unit complies with the provisions of this chapter. No permit will be issued if information is not provided on the application, or if a permit has been issued, it shall be subject to revocation. If a permit is revoked, the application fee shall not be refunded.
Each permittee granted a permit shall be permitted to lease the dwelling unit for which a permit has been granted.
The exact number of sleeping rooms contained in the dwelling unit and the exact number of sleeping accommodations contained in the dwelling unit shall be as follows:
Every dwelling unit shall contain at least 150 square feet of floor space for the first occupant thereof and at least 100 additional square feet of space for every additional occupant thereof, the floor space to be calculated on the basis of total habitable room area.
In every dwelling unit of two or more rooms every room occupied for one occupant shall contain at least 70 square feet of floor space, and every room occupied for sleeping purposes by more than one occupant shall contain at least 50 square feet of floor space for each occupant thereof.
The maximum allowable occupancy of any deck without latent structural defects shall be one person per nine square feet.
[Ord. No. 875 § 7; Ord. No. 986 § 8]
It shall be unlawful and in violation of this chapter for an owner or tenant of any registered dwelling to allow a number of people greater than the posted maximum number of occupants, which number is to be posted by the permittee, in the registered dwelling to comply with the tenant registration responsibilities, Ordinance No. 610-77, of the City. It shall also be unlawful and in violation of this chapter for the permittee to lease a dwelling unit to a number or group of tenants which exceeds the total number of sleeping accommodations which have been set forth in the permit requested under this chapter. It shall also be unlawful and in violation of this Ordinance for a tenant of any permittee for a dwelling unit to knowingly permit a number of people greater than the maximum number of occupants as set forth in the permit to occupy the premises.
[Ord. No. 986 § 9; Ord. No. 1161 § IV]
Each applicant granted a permit hereunder shall be required in his or her application to designate a real estate agent or real estate agency or appoint a contact person for the property for the purpose of receiving notice of violations of the Revised General Ordinances, Sections 11-1 through 11-5.3 arising at the dwelling unit. If the dwelling unit is rented through a realtor or a real estate agency, the realtor or the real estate agency shall be the contact person for the period specified in the lease of the dwelling unit. If the dwelling unit is privately rented, the applicant must list a contact person for the property whose purpose shall be to receive notice of violations of the Code of Sea Isle City. The contact person must be a resident of Cape May County during the entire period of the renting of the dwelling unit. The applicant must certify that he or she has contacted the contact person, and received their approval to serve in that capacity.
[Ord. No. 986 § 10; Ord. No. 1411 § 2]
It shall be a violation of this chapter for any person to rent or offer for rent a dwelling unit that does not have a rental permit in accordance with the provisions of this chapter.
[Ord. No. 986 § 11]
Each permittee shall advise any and all tenants within their dwelling unit of the existence of this chapter and the terms and conditions set forth herein and advise that the lease is subject to the terms and conditions of this chapter.
[Ord. No. 986 § 12]
Each dwelling unit shall be inspected at least once every 10 years. The initial inspection shall occur prior to January 31, 2000.
The officials designated in subsection 11-1.1 of this chapter shall give every owner at least two days' notice before conducting an inspection. The inspection shall be for the purpose of determining Zoning Ordinance compliance and, to the extent applicable, to determine if the property complies with the Uniform Construction Code and/or Uniform Fire Safety Act and all applicable health ordinances and laws. In the event that the property is subject to inspection by the State of New Jersey, such inspection shall suffice for the purposes of this chapter and such property shall not be subjected to further inspection by the City except for compliance with the municipal Zoning Ordinance and with the State Uniform Fire Safety Act and appropriate health laws and ordinances.
[Ord. No. 986 § 13]
In the event that the inspection of the rental unit does not result in a satisfactory inspection, the property shall not thereafter be registered, nor shall a permit be issued and the owner of the property, or his/her agent, shall not lease or rent the property, nor shall any tenant occupy the property until the necessary corrections have been made so as to bring the property and dwelling unit into compliance with the applicable Code and the property is thereafter subsequently registered. In the event that the property is occupied when such conditions are discovered, all corrections shall be made within 30 days and if not made within that time period, the owner shall be deemed in violation of this chapter and every day the violation continues shall constitute a separate offense.
[Ord. No. 986 § 14]
Commencing February 1, 2000, or February 1 of any year prior thereto, following an inspection of the property, whichever occurs first, the property shall not be given a permit until the owner thereof produces, at the time of registration, an application, a current valid Certificate of Inspection indicating that the property has either been inspected by the State of New Jersey Bureau of Housing or by the officials of the City having jurisdiction, and that the property does not contain any Code violations.
[Ord. No. 986 § 15]
The City Clerk shall index and file the application form and make it reasonably available for public inspection.
[Ord. No. 986 § 16]
Upon the filing of a completed registration form, and payment of the prescribed fee, the filing of a valid Certificate of Self Inspection or a satisfactory inspection of the rental premises by an official designated in subsection 11-1.1 of this chapter, the owner shall be entitled to the issuance of a permit commencing May 1 of each year and expiring on April 30 of the following year. The Certification of Self Inspection shall require the applicant to answer the questions as set forth in Exhibit "A" of this chapter and certify as to the truth of the statements contained therein. If the officials as designated in subsection 11-1.1 determine based on the completed Certification of Self Inspection that the premises are in compliance with State Statutes and local ordinances, a permit may be issued. The acceptance of the Certification of Self Inspection and the issuance of a permit shall not eliminate the obligation to inspect the premises by the officials designated in subsection 11-1.1.
The initial license shall be valid from the date of issue until April 30 of the following year. A license must be renewed each year. An application form shall be required for each dwelling unit.
Editor's Note: A sample of Exhibit "A" can be found as an attachment to this chapter.
[Ord. No. 986 § 17]
No permit although issued shall be valid for any property containing a dwelling unit unless all municipal taxes, water charges and other municipal assessments are paid on a current basis.
[Ord. No. 1146 § II]
Each landlord must keep the laminated list provided by the City of Sea Isle City continuously posted in each tenant dwelling unit. This list must be placed in a conspicuous and visible place in each tenant dwelling unit so as to put the occupants on notice of the existence of the Code of the City of Sea Isle City.
[Ord. No. 1146 § II]
The landlord shall post the laminated list and advise any and all tenants within his/her dwelling unit of the existence of the laminated list and of the terms and conditions set forth therein.
[Ord. No. 1146 § II]
The tenants in a rental dwelling unit shall not remove the laminated list from the rental dwelling unit.
[Ord. No. 1146 § II]
The laminated list provided by the City to all landlords with the rental permit is not a complete list of the laws in the City of Sea Isle City. Said list is for purposes of advising tenants of some of the existing laws in the City of Sea Isle City. Failure on the part of Sea Isle City to list a specific law, Code section or ordinance shall not be a defense to any violation of the Code of the City of Sea Isle City.
[Ord. No. 1146 § II; Ord. No. 1300 § II; Ord. No. 1398 (2006) § I]
It shall be a violation of this section for a landlord of a rental dwelling unit to fail to post the laminated list. It shall also be a violation of this section for either the landlord or a tenant to destroy the laminated list or remove said laminated list from the rental dwelling unit. Any person who violates this shall be liable, upon conviction, to at least a minimum penalty that consists of a fine which may be fixed at an amount not exceeding $100. The court before which any person is convicted of violating any ordinance or Code provision shall have power to impose any fine, imprisonment in the County Jail or in any place provided by the municipality for the detention of prisoners, for any term not exceeding 90 days; or by a period of community service not exceeding 90 days at the discretion of the Judge of the Municipal Court. Each day that a violation occurs shall be deemed as a separate and distinct violation subject to the penalty provisions of this chapter.
It shall also be a violation of this section for a landlord of a rental dwelling unit to fail to obtain the proper rental license. Any person who violates the provision of this chapter shall be required to obtain a rental license and shall be liable, upon conviction, to present a valid rental license for the rental dwelling unit to the Court and to pay a penalty between $500 and $1,000. The Court before which any person is convicted of violating any ordinance or Code provision shall have power to impose any fine, imprisonment in the County Jail or in any place provided by the municipality for the detention of prisoners, for any term not exceeding 90 days; or by a period of community service not exceeding 90 days at the discretion of the Judge of the Municipal Court. Each day that a violation occurs shall be deemed as a separate and distinct violation subject to the penalty provisions of this chapter.
[Ord. No. 875 § 8; Ord. No. 986 § 19; Ord. No. 1071 § 1; Ord. No. 1146 § II]
In addition to any other penalty prescribed herein, an owner may be subject to the revocation or suspension of the permit issued hereunder upon the happening of one or more of the following:
Conviction of a violation of this chapter in the Municipal Court;
Renting the unit or units to a tenant or tenants who are convicted of a violation or violations of the ordinances of the City, disorderly or petty disorderly conduct, willful or gross destruction or damage to the premises or creating a nuisance. The Police Department shall be responsible to notify an owner of any arrests under the Noise Ordinance of the City. The owner shall be responsible to determine if his/her tenant or tenants have been convicted of any violations as set forth above;
Continuously permitting the dwelling unit to be occupied by more than the maximum number of occupants as set forth herein;
Maintaining the dwelling unit or units or the property in which the permit unit is a part in a dangerous condition likely to result in injury to person or property;
Violation of State housing laws or Federal housing codes designed to protect the public.
[Ord. No. 986 § 20; Ord. No. 1146 § II; Ord. No. 1431 §§ LVI, LVII]
A complaint seeking the revocation or suspension of a permit may be filed by any one or more of the following: the Mayor; Director of Public Safety; Chief of Police; Construction Code Official; Building Inspector; Zoning Enforcement Officer; Code Enforcement Officer; and any resident of the City.
The complaint shall be in writing and filed with the City Clerk. The complaint shall be specific and shall be sufficient to appraise the permittee of the charges so as to allow the permittee to present a defense. The individual or individuals filing the complaint may do so on the basis of information and belief and need not rely on personal information.
Upon the filing of such a written complaint, the City Clerk shall immediately inform the Administrator and a date for a hearing shall be scheduled which shall not be sooner than 10 nor more than 30 days thereafter. The City Clerk shall forward a copy of the complaint and a notice as to the date of the hearing to the permittee and the managing agent, if any, at the address indicated on the registration form. Service upon the managing agent shall be sufficient.
The hearing required by this subsection shall be held before the Administrator. Not later than 30 days from the conclusion of the hearing the decision shall be rendered, and dismissing the complaint, revoking or suspending the permit, or determining that the permit shall not be renewed or reissued for one or more subsequent permit years. A recording shall be made of the hearing. All witnesses shall be sworn prior to testifying and the strict rules of evidence shall not apply but the evidential rules which generally control administrative hearings shall be applicable. The City Attorney or his/her designee shall appear and prosecute on behalf of the complainant in all hearings conducted pursuant to this subsection.
[Ord. No. 875 § 11; Ord. No. 986 § 21; Ord. No. 1146 § II]
[Ord. No. 1130 § 1; Ord. No. 1146 § 2; Ord. No. 1431 § 58; Ord. No. 1558 (2013)]
The purpose of this section is to enable the City of Sea Isle City to take effective action to assure that excesses, when they occur, shall not be repeated, and that landlords offering rentals be held to sufficient standards of responsibility in order to preserve the peace and tranquility of the City of Sea Isle City for its permanent residents as well as to maintain its viability as a vacation resort for families.
[Ord. No. 1130 § II; Ord. No. 1146 § II; Ord. No. 1431 § LIX; Ord. No. 1439 § I; Ord. No. 1558 (2013)]
For the purposes of this section, the terms used herein are defined as follows:
- DISORDERLY PERSON OFFENSES
- Shall mean and include all regulations and prohibitions as ordained in the Ordinances of the City of Sea Isle City.
- HEARING OFFICER
- Shall mean a person designated by the Mayor to hear and determine proceedings under this section. A hearing officer must be a licensed attorney in the State of New Jersey who shall not be an owner or lessee of any real property within the City of Sea Isle City, nor hold any interest in the assets of or profits arising from the ownership or lease of such property.
- Shall mean the person or persons who own or purport to own a building in which there is rented or offered for rent housing space for living or dwelling under either a written or oral lease which building contains no more than four dwelling units.
- RENTAL PREMISES
- Shall mean any housing space within a building which is rented or offered for rent for the purpose of living or dwelling under either a written or oral lease which building contains no more than four dwelling units.
- RENTAL PROPERTY
- Shall mean single or multiple contiguous lots owned by a landlord and used as a seasonal rental premises.
[Ord. No. 1130 § 3; Ord. No. 1146 § 2; Ord. No. 1277 § 1; Ord. No. 1294 § 1; Ord. No. 1431 § 60; Ord. No. 1558 (2013); Ord. No. 1562 (2014) § 1]
If in any twenty-four-month consecutive period, three complaints on separate occasions, of disorderly, indecent, tumultuous or riotous conduct or offenses upon or in proximity to any rental premises, and attributable to the acts or incitements of any of the tenants of those premises, have been substantiated by prosecution and conviction in any court of competent jurisdiction, the Mayor or any officer or employee of the City of Sea Isle City designated by the Mayor for this purpose, may institute proceedings to require:
The landlord of those premises to post a bond by order of the hearing officer against the consequences of future incidents of the same character in accordance with the provisions of this section.
[Ord. No. 1130 § IV; Ord. No. 1146 § II; Ord. No. 1431 § LXI]
The Mayor, or person designated pursuant to subsection 11-7.3 of this section, shall cause to be served upon the landlord, in person or by registered mail to the address appearing on the tax records of the municipality, notice advising of the institution of such proceedings, together with particulars of the substantiated complaints upon which these proceedings are based, and of the time and place at which a hearing will be held in the matter. The hearing shall be held in the Municipal Building, Municipal Court, or other public place within the City of Sea Isle City. Said hearing shall be no sooner than 30 days from the date upon which the notice is served or mailed.
[Ord. No. 1130 § 5; Ord. No. 1146 § 2; Ord. No. 1562 (2014)]
Hearings and decisions held and made under this section are to be conducted by the hearing officer.
The hearing officer shall give full hearing to both the complaint on behalf of the City of Sea Isle City and to any evidence in contradiction or mitigation that the landlord, if present or represented and offering such evidence, may present pursuant to subsection 11-7.4. The hearing officer may consider, to the extent deemed relevant by the hearing officer, prior complaints about the residents of the property, even if those complaints did not result in a conviction. At the conclusion of the hearing, the hearing officer shall determine whether the landlord shall be required to post a bond in accordance with the terms of this section.
[Ord. No. 1130 § 6; Ord. No. 1146 § 2; Ord. No. 1439 § 2; Ord. No. 1558 (2013) § 4]
Any bond required to be posted shall be in accordance with the judgment of the hearing officer, and shall be posted for each and every rental permit issued to a rental premises, in light of the nature and extent of the complaints upon which the proceedings are based, to be adequate in the case of subsequent offenses to make reparation for:
Damages likely to be caused to public or private property and damages resulting from disruption of affected residents' rights of fair use and quiet possession of their premises;
Securing the payment of fines and penalties likely to be levied for such offenses; and
Compensating the municipality for the cost of repressing and prosecuting such incidents of disorderly behavior.
[Ord. No. 1130 § VII; Ord. No. 1146 § II]
The City of Sea Isle City may enforce the bond required by action in Superior Court, and shall be entitled to an injunction prohibiting the landlord from making or renewing any lease of the affected premises for residential purposes until that bond or equivalent security, in satisfactory form and amount, has been deposited with the City of Sea Isle City.
[Ord. No. 1130 § VIII; Ord. No. 1146 § II]
A bond or other security deposited in compliance with subsection 11-7.6 of this section shall remain in force for a period of not less than two nor more than four years as determined in accordance with the judgment of the hearing officer. Upon the lapse of the specified period, the landlord shall be entitled to the discharge thereof, unless prior thereto further proceedings leading to a forfeiture or partial forfeiture of the bond or other security shall have been had under subsection 11-7.9 of this section, in which case, the security shall be renewed, in an amount and for a period that shall be specified by the hearing officer.
[Ord. No. 1130 § IX; Ord. No. 1146 § II; Ord. No. 1431 § LXII]
If a substantiated complaint is recorded against the property in question during the period for which a landlord is required to give security pursuant to this section, the Mayor or his/her designee, may institute proceedings against the landlord for the forfeiture or partial forfeiture of the security, for an extension as provided in subsection 11-7.8 of this section, for an increase in the amount of the security required of the period for which security is required, or for any or all of those purposes.
Any forfeiture or partial forfeiture of security shall be determined by the hearing officer solely in accordance with the amount deemed necessary to provide for the compensatory purposes set forth in subsection 11-7.6 of this section. Any decision by the hearing officer to increase the amount or extend the period of the required security shall be determined in light of the same factors set forth in subsection 11-7.6 of this section, and shall be taken only to the extent that the nature of the substantiated complaint or complaints out of which proceedings arise under this section indicates the appropriateness of such change in order to carry out the purpose of this section. The decision of the hearing officer in such circumstances shall be enforceable in the same manner as provided in subsection 11-7.7 of this section.
[Ord. No. 1130 § X; Ord. No. 1146 § II]