[Ord. No. 1994-9 § 26-3.1; Ord. No. 1998-16 § 1; Ord. No. 1999-16 § 7; Ord. No. 2000-05]
a.
Summer Rental Licenses. A Summer Rental License issued by the Code
Official shall be required prior to the occupancy of any real property
rented for a term of less than 175 consecutive days for residential
purposes by a person having a permanent place of residence elsewhere.
b.
Public Accommodations Licenses. A Public Accommodations License issued
by the Code Official shall be required prior to the occupancy or use
of any premises as a hotel, motel, rooming or boarding house.
It shall be a violation of this Code for any person to occupy
or use any premises if a required Public Accommodations License or
Seasonal Rental License, as appropriate, has not been issued.
[Ord. No. 1994-9 § 26-3.2; Ord. No. 1998-16 § 1; Ord. No. 2016-04 § 3]
Public Accommodations Licenses and Summer Rental Licenses are deemed to be forms of mercantile licenses. The provision of Chapter 20, General Licensing, shall apply to Summer Rental Licenses and Public Accommodations Licenses, provided that in the event of any inconsistency or conflict between the provisions of this Chapter and the provisions of Chapter 20, the provisions of this Chapter shall be controlling.
[Ord. No. 1994-9 § 26-3.3; Ord. No. 1998-16 § 1]
Every individual dwelling unit meeting the requirements of Subsection 26-3.1 shall require a separate Summer Rental License. Hotels, motels, rooming and boarding houses, and boarding houses where individual rooms are rented shall be issued one Public Accommodations License for the entire structure.
[Ord. No. 1994-9 § 26-3.4; Ord. No. 1998-16 § 1; Ord. No. 1999-16 § 8; Ord. No. 2000-05]
Summer Rental Licenses shall be valid for a stated and specific
period of time that coincides with the term of the lease or rental
not to exceed 174 days; provided, however, that applicants who intend
to use premises for short term rentals of 31 days or less to different
tenants during a given period of time of less than 175 days may request
a Special License that is valid for the entire period of time, in
which event a new license will not be required upon a change in the
identity of the tenants during that period of time. Public Accommodations
Licenses for hotels, motels, and rooming and boarding houses where
individual rooms are rented shall be considered Special Licenses and
shall be valid for a period commencing on January 1 and expiring on
December 31 of the same year if the rental units are heated, or for
a period commencing on April 1 and expiring on September 30 of the
same year if the rental units are not heated.
[Ord. No. 1994-9 § 26-3.5; Ord. No. 1998-16 § 1; Ord. No. 1999-16 § 9; Ord. No. 2000-05; Ord.
No. 2001-29; Ord. No. 2005-04; Ord. No. 2016-04 § 3]
a.
Public Accommodations Licenses. Applications for Public Accommodations Licenses for hotels and motels shall be in writing, on forms prescribed by the Code Official and signed by the owner of the premises or the owner's authorized agent. The Code Official may require proof of agency. The applicant shall be required to pay the fee prescribed by § 26-5 at the time when the application is filed. The applicant shall be required to supply the following information:
1.
The street address and the tax map lot and block numbers of the premises.
2.
The names and mailing addresses of all owners of the premises.
3.
The name, mailing address, and daytime telephone number of the person
signing the application.
4.
A notarized affidavit, on a form to be furnished by the Code Enforcement
Officer, in which the property owner acknowledges that he or she has:
(a)
Retained a fully executed copy of any lease agreement executed
by all adult persons who will be tenants of the dwelling unit; provided,
however, that this subsection shall not be construed to require the
property owner to enter into a written lease agreement;
(b)
Determined that each such adult tenant intends to reside in the dwelling unit as his or her permanent residence, and that he or she will not maintain any other permanent residence; provided, however, that the property owner shall not be required to make this representation if the application for the Public Accommodations License states that the licensee will comply with the provisions of Subsection 26-3.12;
(c)
Obtained a true and correct copy of the driver's license or,
if not available, alternative proof of identification, for each adult
tenant.
6.
A certification that the property taxes, and water bill assessments
against the property, municipal water charges, municipal sewer charges
and any other municipal charges or assessments pursuant to N.J.S.A.
40:52-1.2 for the premises have been paid through the preceding quarter.
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Applications for Public Accommodations Licenses for rooming and boarding houses shall be made in accordance with Subsection 26-8.3 of this Chapter.
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The property owner shall be required to maintain in his possession and control the documents and information described in Subsection a4 above during all times that the tenants, or any of them, are in possession of the dwelling unit and for at least one year following the termination or expiration of the license issued in connection therewith; provided, however, that the property owner shall not be required to produce these documents or information to any official of the Borough of Belmar, except pursuant to and in accordance with Subsection 26-2.8 of the Revised General Ordinances of the Borough of Belmar.
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b.
Summer Rental Licenses. Applications for Summer Rental Licenses shall
be made in writing, on forms prescribed by the Code Official and signed
by the owner of the premises or the owner's authorized agent. The
Code Official may require proof of agency. Applications for Summer
Rental Licenses shall not be deemed complete by the Code Official
unless the applicant:
1.
Fully completes the form required by the Code Official for such applications,
which shall include at a minimum, the following information:
3.
Provides proof of payment of property taxes, assessments against
the property, municipal water charges, municipal sewer charges and
any other municipal charges or assessment pursuant to N.J.S.A. 40:52-1.2.
5.
Provides a certification in lieu of an affidavit, on a form to be
furnished by the Code Enforcement Officer, in which the property owner
acknowledges that he or she has:
(a)
Retained a fully executed copy of any lease agreement executed
by all adult persons who will be tenants of the dwelling unit; provided,
however, that this subsection shall not be construed to require the
property owner to enter into a written lease agreement;
(b)
Determined that each adult tenant maintains a permanent residence
elsewhere, and obtained the full address thereof; and
(c)
Obtained a true and correct copy of the driver's license or,
if not available, alternative proof of identification, for each adult
tenant; and
(d)
Obtained, and attaches the original copies to the certification in lieu of an affidavit of the property owner required by this section, a certification in lieu of an affidavit completed by each of the persons who will be tenants of the dwelling unit stating that they have read and understand the regulations governing Seasonal Rental Licenses, as set forth in § 26-7 hereof, which regulations shall be summarized on the affidavit, and which shall further require each prospective occupant to acknowledge that he or she is aware of the total occupancy limits applicable to the licensed premises. In addition, the affidavit shall contain substantially the following language:
READ THIS IMPORTANT NOTICE
I HEREBY ACKNOWLEDGE that the maximum permitted occupancy of
this summer rental is _____ persons. I understand that occupancy by
a number of persons greater than this maximum limit is a violation
of Borough ordinance and shall result in the issuing of a summons
which carries a fine for a first time offense of not less than $265
to each tenant of the dwelling unit at the time the occupancy limit
is exceeded.
I further understand that summer rental occupancy limits are
strictly enforced, and that they apply to all occupants of summer
rentals regardless of whether they are tenants or guests.
I certify, swear and affirm, under oath, that the foregoing
statements made by me are true. I am aware that if any of the foregoing
statements made by me are willfully false, I am subject to punishment.
X__________
Notice: If anyone has misrepresented the maximum permitted occupancy
of this summer rental to you, you may have a claim against them under
the New Jersey Consumer Fraud Act, N.J.S.A. 56:12-1, et seq. Consult
a lawyer, or contact the Belmar Code Official at (732) 681-1176.
(e)
Obtained, and attaches the original copies to the certification in lieu of an affidavit of the property owner required by this section, a certification in lieu of an affidavit completed by each of the persons who will be tenants of the dwelling unit advising of that are aware of the existence of an Animal House Bond, and potential consequences thereof; the affidavit shall contain substantially the following language, provided however, that this Subsection (e) shall apply only if the current or prior owner of a property that is the subject of Summer Rental License has been required to post a bond in accordance with § 26-11 et seq., commonly referred to as an "Animal House Bond," and the said bond continues to be in effect:
READ THIS IMPORTANT "ANIMAL HOUSE" NOTICE
I HEREBY ACKNOWLEDGE that I have been notified by the Landlord that this rental property has been found to fall within the Borough of Belmar "Animal House" Ordinance, § 26-11, by an Administrative Hearing Officer on (date).
I understand that because of this Decision and Order in the
event any further "substantiated complaints" as defined in the Ordinance,
occur on the rental property, the Borough of Belmar may take affirmative
action to repress further violations of the Borough's quality of life
ordinances, which actions may include posting a Police or Sheriff's
Officer at the rental premises for such duration of rental term as
the Borough shall determine to be necessary.
I further understand that in the event the Borough of Belmar
takes such action, the Borough will bring proceedings against the
Landlord to hold the Landlord liable for any and all expenses and
costs incurred by the Borough of Belmar. Such money damages may include
the salaries paid to all Police or Sheriff's Officers who may be posted
at the premises, which costs may exceed $1,000 per weekend.
I acknowledge that I have hereby been advised that under the
terms of my lease, my Landlord may be entitled to recover from me
the money damages he is required to pay to the Borough. I acknowledge
that I have been advised to read the terms of my lease carefully,
and if necessary to consult an attorney, so that I may fully understand
my potential liability.
I certify, swear and affirm, under oath, that the foregoing
statements made by me are true. I am aware that if any of the foregoing
statements made by me are willfully false, I am subject to punishment.
If a property owner has been required to post an Animal House
Bond during an existing tenancy, the property owner shall forward
the aforementioned certification in lieu of an affidavit to each tenant
within five business days from the date of the Administrative Hearing
Officer's Decision and Order and obtain executed copies of the same
and submit the landlord's certification in lieu of an affidavit to
the Borough within 10 business days of the Hearing Officer's Decision
or provide proof that he has taken reasonable steps to obtain the
same from his tenants and has been unable to do so.
6.
Provides in connection with the first application for a Summer Rental
License a floor plan of the dwelling unit proposed to be licensed,
in a form satisfactory to the Code Official, accurately depicting
the locations of the bedrooms, kitchen, bathrooms and other rooms
in the dwelling unit, and all routes of ingress and egress; provided,
however, that nothing contained herein shall be construed to require
that the floor plan be prepared by an architect or other licensed
professional.
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The property owner shall be required to maintain in his possession and control the documents and information described in Subsection b5 above during all times that the tenants, or any of them, are in possession of the dwelling unit and for at least one year following the termination or expiration of the license issued in connection therewith; provided, however, that the property owner shall not be required to produce these documents or information to any official or employee of the Borough of Belmar, except pursuant to and in accordance with Subsection 26-2.8 of the Revised General Ordinances of the Borough of Belmar.
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All information and documentation required to be provided pursuant to this section shall be deemed material. Any person who knowingly misstates any fact therein shall be subject to criminal prosecution. Any Summer Rental License that is issued on the basis of false information or documentation shall be subject to revocation pursuant to Subsection 20-8.1 of the Revised General Ordinances of the Borough of Belmar.
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[Ord. No. 1994-9 § 26-3.6; Ord. No. 1998-16 § 1; Ord. No. 2000-05; Ord.
No. 2001-01 § III]
a.
Assignment of Permanent License Numbers. The Code Official shall assign a specific and permanent number to each Summer rental licensed dwelling unit and Public Accommodations Licensed Premises. If an applicant has requested and been granted a Special License pursuant to Subsection 26-3.4 for a particular season, the Summer Rental License number shall have affixed as a suffix thereto the letter "S," but only for the season for which the Special License is issued.
b.
List of License Numbers and Maximum Permitted Occupancies. The Code
Official shall maintain and make available for inspection by the public
a listing of every Summer rental licensed dwelling unit and every
Public Accommodation Licensed Premises, which listing shall include,
at a minimum, the address of the property, the name and address of
the owner of the property and the maximum occupancy permitted by each
license.
c.
Records to be Made Available. The property owner shall be required to maintain in his possession and control the documents and information described in Subsection 26-3.5a or b above during all times that the tenants, or any of them, are in possession of the dwelling unit and for at least one year following the termination or expiration of the license issued in connection therewith; provided, however, that the property owner shall not be required to produce these documents or information to any official or employee of the Borough of Belmar, except pursuant to and in accordance with Subsection 26-2.8 of the Revised General Ordinances of the Borough of Belmar.
[Ord. No. 1998-16 § 1; Ord. No. 1999-16 § 10; Ord. No. 2000-05; Ord.
No. 2001-29]
No Summer Rental License or Public Accommodations License shall be issued by the Code Official unless the dwelling unit or premises, as appropriate, has first been inspected and determined to be in full compliance with the Code, and the requirements of Chapter 26. No temporary or conditional certificates of occupancy or conditional licenses shall be issued in connection with any Summer Rental License or Public Accommodations License.
[Ord. No. 1998-16 § 1]
Upon completion of any inspection, the Code Official, or his
designee, shall prepare a report listing and describing all violations
of this Code within five working days. The report shall describe,
where appropriate, any corrective remedies that must be taken for
the premises or dwelling unit to comply with the Code. The report
shall contain the following:
IT IS ILLEGAL TO OCCUPY OR USE, OR TO PERMIT THE OCCUPANCY OR
USE OF, THESE PREMISES UNLESS AND UNTIL A LICENSE HAS BEEN ISSUED
BY THE CODE OFFICIAL. IF ANY VIOLATIONS ARE NOTED, IT IS THE APPLICANT'S
RESPONSIBILITY TO MAKE THE NECESSARY CORRECTIONS AND TO APPLY FOR
A REINSPECTION.
[Ord. No. 1998-16 § 1; Ord. No. 2000-05]
The Code Official, or his designee, shall inspect the dwelling
unit or premises to be licensed according to the following schedule:
a.
Initial Inspections. For completed applications that are filed before
May 1, the inspection shall occur within five business days. For completed
applications that are filed after May 1, the inspection shall occur
within 10 business days. The Code Official shall, to the extent practicable,
schedule inspections in the order in which the completed applications
are filed.
b.
Reinspections. When the inspection report required pursuant to Subsection 26-3.8 describes corrective remedies that must be taken for the premises or dwelling unit to comply with the Code, the applicant shall be required to contact the Code Official to schedule a reinspection of the premises or dwelling unit. For requests for reinspection that are made before May 1, the reinspection shall be conducted within three business days. For requests for reinspection that are made on or after May 1, the reinspection shall be conducted within five business days. For each reinspection of a premises or dwelling unit that occurs after the first reinspection, the next required reinspection will be conducted within five business days after the receipt by the Code Official of the Reinspection Fee required by § 26-5.
c.
Conditions of Inspection and Reinspection. The Code Official shall
not inspect any dwelling unit for purposes of issuing a Summer Rental
License during a period it is occupied by another tenant, regardless
of whether the tenant is present at the time of the inspection. The
Code Official shall not inspect or reinspect any dwelling unit for
purposes of issuing a Summer Rental License or Public Accommodations
License unless and until all utilities, including without limitation;
electric, water and natural gas utilities are connected and in service.
[Ord. No. 1998-16 § 1]
The original of any inspection or reinspection reports shall
be filed with the Code Official. The Code Official shall provide legible
copies to the person who executed the application. All inspection
and reinspection reports shall be available for public inspection.
[Ord. No. 1994-9 § 26-3.7; Ord. No. 1998-16 § 1]
Public Accommodations Licenses issued to hotels, motels, and
rooming and boarding houses shall be posted by the owner in a conspicuous
place in the lobby or other main entrance to the premises. Summer
Rental Licenses shall be posted by the owner in a conspicuous place
inside the licensed dwelling unit and within five linear feet of the
main entrance door. It shall be a violation of this Code for any person,
except an authorized officer or employee of the Borough of Belmar,
to remove a posted license during the period it is in effect.
a.
The owner of any Summer rental licensed dwelling unit shall be required
to post, along with the Certificate of Inspection, the Belmar Summer
Rental poster, if any, adopted by Resolution of the Mayor and Council
for that season. One poster will be provided for each Summer Rental
License.
b.
Additional Belmar Summer Rental Posters may be purchased from the
Code Official for a fee of $10 per poster.
c.
Failure of the owner to post the Belmar Summer Rental Poster in a
conspicuous place or the failure of the tenants of the Summer rental
licensed dwelling unit to maintain said poster, will subject the guilty
parties to a fine of $100 each.
[Ord. No. 1994-9 § 26-3.8; Ord. No. 1998-16 § 1]
a.
In lieu of providing the Code Official with the names of new tenants,
hotels, motels, and those rooming and boarding houses not subject
to the jurisdiction of the Department of Community Affairs shall maintain
a registry book listing the names and addresses of all persons occupying
any rooms in the premises, the room numbers that they occupy, the
dates of occupancy, and the license plate number of the vehicles used
by those persons. All persons occupying any rooms on the premises
shall also sign the registry book. The registry book shall be kept
current at all times, and shall be made available for inspection by
the Code Official or his authorized officials and employees.
b.
A responsible and authorized adult, representing the licensee, shall
be on the licensed premises at all times that a Public Accommodations
License is in effect.
[Ord. No. 2000-05]
a.
At any time that an official of the Borough of Belmar, including without limitation, employees of the Borough's Housing Department, has reason to believe that any ownership, use or occupancy of a dwelling unit regulated by this subsection, or any of the residents thereof, may be in violation of any Federal, State or Municipal law, the Borough of Belmar, or its officers, employees or agents, may require that the property owner provide the Borough with the documents and information he or she is required to maintain pursuant to Subsection 26-3.5a or b; provided, however, that rent amounts may be redacted. The property owner shall be required to provide this information to the Borough of Belmar not later than the fifth business day following date the request was mailed by the Borough of Belmar to the address provided by the landlord on his application.
b.
Any person who is found to have submitted false information, documentation, or identification in connection with an application for a Certificate of Inspection, Public Accommodations License or Summer Rental License, or has failed to provide information requested pursuant to Subsection 26-3.13a shall pay a minimum fine of $250, plus court costs, payable through the Violations Bureau of the Municipal Court. Any person who submits a false affidavit or certification shall be subject to criminal prosecution, in addition to the penalties contained herein. In addition to the foregoing, any Public Accommodations License or Summer Rental License that is issued on the basis of information or documentation that is knowingly false or fraudulent when made shall be subject to revocation pursuant to and in accordance with the provisions of Subsection 20-8.1 of the Revised General Ordinances of the Borough of Belmar.
[Ord. No. 1994-9 § 26-4.1; Ord. No. 1998-16 § 1]
It shall be unlawful for any person or entity to erect, construct,
alter, extend, repair, remove, demolish, maintain, fail to maintain,
provide, fail to provide, occupy, let to another or occupy or permit
another person to occupy any structure or any other object regulated
herein or cause same to be done, contrary to or in conflict with or
in violation of any provisions of this Code, or to fail to obey a
lawful order or notice posted under the provisions of this Code.
[Ord. No. 1994-9 § 26-4.2; Ord. No. 1998- 16 § 1]
In the event that a person or entity fails to comply with this
Code by committing an unlawful act, a fine of not less than $500 shall
be imposed if the violation is not cured or objected to as prescribed
under the Code.
[Ord. No. 1994-9 § 26-4.3; Ord. No. 1998-16 § 1; Ord. No. 2001-01 § I.C]
Any person or entity which fails to comply with the Property
Maintenance Code shall receive a complaint, which shall be served
upon the appropriate person or entity in accordance with the Court
Rules of the State of New Jersey. Complaints shall be heard by the
Borough of Belmar Municipal Court.
[Ord. No. 1994-9 § 26-5.1; Ord. No. 1998-16 § 1; Ord. No. 2015-01]
The Code Official shall charge and collect the following fees:
a.
For applications for Summer Rental Licenses: $100.
b.
For applications for Public Accommodations License:
For boarding and rooming houses: $200.
For hotels and motels, per room available for occupancy, up
to five rooms: $100 plus $10 for each additional room
d.
For Certificate of Inspections pursuant to Subsection 26-3.2a for
Title Transfer:
1.
One family: $100. Two or more houses on the same property per house
after the first house: $50.
2.
Two family, first unit: $100.
Each additional unit same building: $50.
3.
Condominium, Apartments: $100.
4.
Hotel, Motel, Rooming, Boarding, Guest Houses $100 for one to five
rooms Used for sleeping plus: $10 each additional bedroom.
5.
All commercial property: $100.
e.
Reinspection Fees.
1.
Any second inspection or reinspection required after the first initial inspection pursuant to § 26-2 shall be $250.
2.
Any reinspection required after a first and second inspection has taken place, pursuant to § 26-2, shall be $500.
3.
If an inspection is taking place prior to Memorial Day weekend the
Code Enforcement office shall perform a second inspection or reinspection
if necessary before Memorial Day.
4.
If a third inspection is required there shall be no guarantee that
the inspection will occur before Memorial Day weekend.
[Ord. No. 1998-16 § 1]
The Borough Council finds, determines and declares that:
a.
The New Jersey Legislature has, pursuant to N.J.S.A. 40:52-1(n),
effective on January 8, 1998, specifically authorized municipalities
to license and regulate the "rental of real property for a term of
less than 175 consecutive days for residential purposes by a person
having a permanent place of residence elsewhere." This statute was
enacted to assist shore-area municipalities in controlling seasonal
rentals, and in preserving the quality of life for year-round residents.
b.
Belmar is a one-square mile resort community with a year-round population
of approximately 6,000 residents, which experiences an enormous influx
of visitors each summer, many of whom seek to rent temporary accommodations
while continuing to maintain a permanent residence elsewhere. As of
the summer of 1998, the Borough of Belmar had approximately 550 rental
units that met the definition set forth in N.J.S.A. 40:52-1(n).
c.
Because of the great demand for seasonal accommodations in Belmar,
seasonally rented accommodations are frequently overcrowded by tenants
and other occupants who, in an effort to reduce the per-occupant cost
of renting the premises, often permit many more occupants in the premises
than authorized by this Code. Some property owners and/or their agents
either conceal occupancy limitations from tenants or tacitly permit
overcrowded conditions in order to maximize their rents and commissions.
d.
The overcrowding of seasonal rental accommodations in Belmar frequently
results in conditions that are extremely unsafe to the inhabitants
of those premises. By way of example, the following are only some
of the unsafe conditions that have been encountered by the Code Official
in Belmar's seasonally rented premises: unfinished basements furnished
with multiple beds; mattresses and other furnishings that block doors
and exits; intentionally disabled smoke alarms; temporary partitions
constructed of sheets, cardboard or other flammable or unsafe material;
and stockpiled garbage in basements and closets.
e.
Seasonal rental accommodations in Belmar are also frequently detrimental
to the health, safety, welfare and quality of life of other nearby
residents and visitors. Problems frequently associated with seasonal
rental accommodations in Belmar include excessive noise, unruly behavior,
obscene language, fighting, littering, parking of vehicles on lawns,
public urination, poor maintenance of the property and grounds and
violation of trash collection ordinances. Many of these problems are
exacerbated by excessive occupancy.
f.
Seasonal rental accommodations in Belmar also contribute to significant
overcrowding in the community and a shortage of on-street parking
spaces. As a result of such conditions, residents who attempt to find
an on-street parking space late in the evening often must park several
blocks from their homes. In addition, the overcrowded parking conditions
lead to unlawful parking at intersections and near fire hydrants,
which threaten public safety.
g.
Seasonal rental accommodations in Belmar have frequently been rented
unfurnished or without porch furniture. Tenants leasing unfurnished
seasonal accommodations often purchase furniture only for the season,
and then abandon the furniture, imposing a heavy burden on the Department
of Public Works during the month of September. Tenants leasing seasonal
accommodations without porch furniture often move furniture intended
for interior use onto porches, where it is left for the summer, causing
unsightly and often unhealthy conditions. Some tenants have resorted
to stealing porch and outdoor furniture from year-round residents
in order to furnish their unfurnished or underfurnished seasonal accommodations.
h.
Seasonal rental accommodations in Belmar are also detrimental to
the school-age children of families who rent those same premises during
the winter season. Because the summer rental season typically runs
from May 15 to September 15 of each year, families with school-age
children who inhabit many of these rental properties during the winter
months must move out of Belmar at least a month or more before the
end of the school year. Some of these children do not finish the school
year either in Belmar or at all, while others suffer chronic tardiness
or absenteeism during the period after they must move out of Belmar.
This has a detrimental effect on both these children and the quality
of the education afforded to all the children in the Belmar School
District.
[Repealed 5-10-2000 by Ord. No. 2000-5]
[Ord. No. 1998-16 § 1; Ord. No. 1999-16 § 11; Ord. No. 2001-01 § III; Ord. No. 2001-29; Ord.
No. 2005-04]
a.
Each Summer Rental License shall state thereon the maximum permitted
occupancy of the dwelling unit as calculated by the Code Official
pursuant to and in accordance with Section PM-405.
b.
(Reserved)
c.
Each Summer Rental License shall contain the following warning in
bold-faced type:
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WARNING:
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OCCUPANCY LIMITATION
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The maximum permitted occupancy of this summer rental licensed
dwelling unit is ____adults.
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This occupancy limitation will be strictly enforced. No warnings
will be given.
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Each tenant of the dwelling unit at the time of the violation
of this occupancy limitation shall be issued a summons for overcrowding
which carries a fine of $265 each for the first violation of this
occupancy limitation. Successive violations may result in higher fines,
and/or may result in the revocation of the Summer Rental License for
the duration of the season.
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NOTICE: If anyone has misrepresented the maximum permitted occupancy
of this dwelling unit to you, you may have a claim against them under
the New Jersey Consumer Fraud Act, N.J.S.A. 56:12-1, et seq. Consult
a lawyer, or contact the Belmar Code Official at (732) 681-1176.
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[Ord. No. 2005-04]
a.
If the property owner(s) has been required to post a bond in accordance with § 26-11 et seq., commonly referred to as an "Animal House Bond," at all times in which said bond is in effect each Summer Rental License shall contain the following warning in bold-faced type:
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WARNING:
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PROPERTY SUBJECT TO AN ANIMAL HOUSE BOND
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This rental property has been found to fall within the Borough of Belmar "Animal House" Ordinance, § 26-11, by an Administrative Hearing Officer on __________(date).
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Because of this Decision and Order any further "substantiated
complaints" as defined in the Ordinance, may result in the Landlord
being held liable for money damages owed to the Borough of Belmar.
Such money damages may include the salaries paid to Police Officers
who may be posted at these premises to repress future violations of
the "Animal House" Ordinance.
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Under the terms of your lease, your Landlord may be entitled
to recover from you these money damages required to be paid to the
Borough. You need to read your lease terms to known your potential
liability.
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b.
If a property owner has been required to post an Animal House Bond
during an existing tenancy, the Summer Rental License shall be amended
to include the above warning and posted within five business days
from the date of the Administrative Hearing Officer's Decision and
Order.
[Ord. No. 1998-16 § 1; Ord. No. 2000-05; Ord.
No. 2001-29; Ord. No. 2010-09 § I]
a.
No bedroom door in any summer rental licensed dwelling unit shall
be equipped with a padlock, combination, or keyed lock that is designed
or intended to be locked from the outside of the bedroom.
b.
The smoke detectors in every summer rental licensed dwelling unit
shall be in working order at all times.
c.
Each structure that contains one or more summer rental licensed dwelling
units having a combined maximum permitted occupancy of eight persons
or more, shall meet or exceed the following requirements:
1.
Every interior common area in the structure shall be equipped with
an approved smoke detection system, which system shall be powered
by an alternating current ("AC") constantly active electric circuit
that cannot be deactivated by the operation of any interconnected
switching device and shall comply with NFPA 70-93 (National Electrical
Code) requirements;
3.
All doors in the structure opening onto a passageway at grade or
exit stair shall be self-closing or automatic closing by listed closing
device;
4.
All corridor doors in the summer rental licensed dwelling unit shall
be at least 1 3/8 inch solid core wood or approved equal with
approved door closers and shall not have any glass panels, other than
approved wire glass in metal frames. Corridor doors shall not be constructed
of hollow core wood, shall not contain louvers and shall not be of
panel construction. Doors shall fit both plumb and level in frames,
and be reasonably tight fitting. All replacement doors shall be 1 3/4
inch solid core wood or approved equal, unless existing frame will
accommodate only a 1 3/8 inch door; and
d.
No curtains, sheets, cardboard or any other material of any kind
shall be used to erect temporary partitions between beds or sleeping
areas in any summer rental licensed dwelling unit.
e.
Outdoor Cooking Equipment and Storage of Fuel.
1.
No cooking equipment, including but not limited to barbecue grills,
charcoal grills, hibachi grills, propane and other gas fueled grills,
shall be used on any porch, balcony, deck or other similar portion
of a building or under any building overhang.
2.
No outdoor cooking equipment, including those specifically listed
above, shall be used within any room or space of a building, or if
outside of a building within five feet of any combustible exterior
wall, or within five feet vertically or horizontally of an opening
in any wall.
3.
There shall be no storage of propane or any other fuel on any porch,
balcony, deck or other similar portion of a building, within any room
or space of a building, or if outside of a building within five feet
vertically or horizontally of an opening in any wall.
4.
Violations; Penalties. Any violation of this Subsection e, upon conviction thereof, shall be punishable by a fine of $50 for the first offense and $100 for the second offense. Third and subsequent offenses shall require a Court appearance and may result in a fine up to the maximum limits of the Court, and in addition to a fine, imprisonment for a term not to exceed 90 days, both in the discretion of the Court.
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In the event of a violation of any of the provisions of Subsections a, b, c or d of this subsection, each tenant on the lease of the summer rental licensed dwelling unit shall be subject to a fine of not less than $250 plus court costs. In the event of a violation of Subsection c of this subsection, the owner(s) of the property shall be subject to a fine of not less than $1,000 each, plus community service. In addition to the foregoing, the Code Official shall immediately, upon discovering any violation of Subsections a, b, c or d of this subsection, or any other condition or hazard that creates a health or fire hazard to the occupants of the property, order that the summer rental licensed dwelling unit be vacated, and shall placard the same, and shall prohibit reoccupancy of the premises until such time as the unsafe condition has been corrected and the Borough Fire Inspector has reinspected the property and determined that the unsafe condition has been corrected and that the property is otherwise safe from fire and other hazard. Reinspections pursuant to this section shall be governed by the provisions of Subsection 26-3.9 and Subsection 26-5e.
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[Ord. No. 1999-10 § 1; Ord. No. 1999-17 § 1; Ord. No. 2018-03]
[Ord. No. 1998-16 § 1; Ord. No. 2000-5]
It shall be unlawful for any person between the hours of 1:30
a.m. and 8:30 a.m. to sleep in a vehicle parked on a premises containing
a summer rental licensed dwelling unit.
[Ord. No. 1998-16 § 1]
It shall be unlawful for any person to park any vehicle at any time on a property containing a summer rental licensed dwelling unit in any front yard, side yard or rear yard, as defined by Article II, "Definitions," of the Development Regulations of the Borough of Belmar, unless the vehicle is parked entirely on a driveway paved with asphalt, concrete pavers or gravel, or in a parking area constructed in accordance with a site plan approved by the Planning Board. Any driveway or parking space constructed of gravel shall have edges that are clearly delineated by a wooden or masonry curb.
[Ord. No. 2001-29]
It shall be unlawful for any person to affix to, hang from,
or otherwise display on the exterior of any structure or premise containing
a summer rental licensed dwelling unit during any period the license
is in effect, any sign, advertisement, banner, poster, cut-out figure,
or other display advertising a commercial product or service, or to
display strings of electric lights. Nothing contained in this subsection
shall be construed to prohibit or otherwise restrict advertising of
the rental of a summer rental licensed dwelling unit in accordance
with this Code.
[Ord. No. 2015-06]
It shall be unlawful in any residential zone to store, permit
or suffer to be stored upon any lands any automobile which is not
capable of being used or operated, unless garaged, or any unused machinery
or building materials which are not in contemplation of immediate
use in the construction, repair or remodeling of any house, building
or other structure on the lands.
[Ord. No. 2015-06]
It shall be unlawful in any residential zone to make, maintain,
or suffer to permit any fire burning which shall emit smoke causing
or producing noxious or objectionable odors (such as materials other
than non-treated wood or fire logs, e.g. Duraflame).
[Ord. No. 1998-16 § 1;
renumbered by Ord. No. 2015-06]
[Ord. No. 1998-16 § 1]
As used in this section:
Shall mean any person including, for the purposes of this
section, any corporation or association of persons and any agency
or instrumentality of State or local government, which operates or
proposes to operate a rooming or boarding house.
Shall mean the holder of title in fee simple to premises
and any lessor or sublessor of whom an operator is or proposes to
become a sublessor in connection with an application for a license,
or for renewal thereof, pursuant to this section.
Shall mean a rooming or boarding house licensed pursuant
to N.J.S.A. 55:15B-1 et seq., or that was issued a Public Accommodations
License on or before July 15, 1998.
[Ord. No. 1998-16 § 1]
a.
Except as provided in Subsection b of this section, no rooming or boarding house shall hereafter be located or operated in the Borough of Belmar.
b.
Any rooming or boarding house that is in lawful operation on the
date of enactment of this section shall be entitled to continue in
operation for one year from that date and, if the owner of the premises
applies for licensure not later than the 60th day next preceding the
expiration of that year, until a final determination is made upon
that application.
[Ord. No. 1998-16 § 1]
a.
Application for a license under this section shall be made by the owner to the Code Official. The application shall be in such form, and shall contain such information and declarations as reasonably required by the Code Official. It shall be the responsibility of the applicant owner to obtain such information and to exercise due care and diligence to assure its completeness and accuracy. The application information required from the owner and operator shall be duly sworn to by the operator in order to form a valid part of the application. The application shall be accompanied by the application fee set forth in § 26-5b.
b.
An application filed pursuant to Subsection a of this section shall include a deposit in the full amount of the prescribed application fee, of which 90% shall be refunded if the application is denied, and 10% retained and employed in defraying the expenses of the Borough of Belmar in processing the application.
c.
All applications by a natural person, partnership or unincorporated
association of natural persons shall be duly sworn to by each of the
applicants. An application by a corporation shall be duly sworn to
by the president or vice president of the corporation. All statements
in an application shall be deemed material, and any person who knowingly
misstates any material fact therein shall be guilty of a crime of
the fourth degree.
d.
Every applicant for a license shall, after filing the application, cause notice of the pendency of the application to be published, in a form prescribed by the Code Official, once a week for two weeks successively in a newspaper, printed in the English language, published and circulated in the County in which the premises for which the license, or renewal thereof, are located. The notice shall include the time and place of the public hearing prescribed in Subsection 26-8.5 and the second publication thereof shall be made not less than one week nor more than two weeks prior to the date set by the licensing authority for that hearing.
[Ord. No. 1998-16 § 1; Ord. No. 2000-01 § 1]
It shall be the duty of the Borough of Belmar to receive applications made pursuant to Subsection 26-8.3 and to conduct such investigations as may be necessary to establish:
a.
With respect to the premises for which a license is sought that they
are in compliance with the applicable building, housing, health and
safety codes and regulations; and
b.
With respect to the owner or owners of the premises: (1) if a natural
person or persons, that he or they are 21 years of age or older, and
never convicted in this State or elsewhere, of a crime involving moral
turpitude or of any crime under any law of this State licensing or
regulating a rooming or boarding house, and have never had a license
required pursuant to N.J.S.A. 55:13B-1 et seq. revoked; (2) if a corporation,
that all officers and members of the board of directors, and every
stockholder holding 10% or more of the stock of the corporation, directly
or indirectly having a beneficial interest therein, have the same
qualifications as set forth in this section for an applicant who is
a natural person;
c.
With respect to the operator or proposed operator, that he meets
the requirements for licensure by the Department of Community Affairs;
d.
That the owner and operator, either individually or jointly, have
established sufficient guarantee of financial and other responsibility
to assure appropriate relocation of the residents of the rooming or
boarding house to suitable facilities in the event that the license
is subsequently revoked or its renewal denied. The Department of Community
Affairs shall determine, in the case of each type of rooming and boarding
house under its jurisdiction, what constitutes suitable facilities
for this purpose;
e.
That the owner has paid all municipal property taxes due and owing
on the rooming and boarding house, or in the case of an initial application,
the applicant has paid all municipal property taxes due and owing
on any other rooming and boarding houses located within the municipality
and owned by the applicant, provided that the owner has received written
notice of any payment delinquency which has remained unpaid for more
than 120 days. The provisions of this section shall not be construed
as denying or limiting the rights of any displaced residents to relocation
assistance in accordance with N.J.S.A. 20:4-1 et seq.; and
f.
An applicant under the jurisdiction of the Department of Community
Affairs has complied with regulations adopted in accordance with N.J.S.A.
40:52-10.
[Ord. No. 1998-16 § 1]
a.
In conducting its investigations pursuant to Subsection 26-7.4, a licensing authority shall hold a public hearing, at which the applicant, the operator or proposed operator and all other parties in interest including members of the general public, shall be entitled to be heard upon the merits of the application and the suitability of the premises proposed for licensing. The time and place of the public hearing shall be determined within 30 days of receipt of the application, and shall be communicated to the applicant in sufficient time to enable compliance with the publication requirement under Section 4 of N.J.S.A. 40:52-12.
b.
No license shall be issued that would result in an increase in the
total number of persons authorized to be residents in a rooming or
boarding house within the Borough of Belmar.
[Ord. No. 1998-16 § 1]
a.
After the public hearing pursuant to Subsection 26-7.5, the licensing authority shall determine, in accordance with the requirements under Subsection 26-7.4 and, when appropriate, Subsection 26-7.5, whether to grant the license. A license when issued shall be valid for one year from the date of issuance and until such time as the licensing authority has acted upon an application for renewal, unless sooner terminated by revocation pursuant to the terms of this section.
b.
No later than the 60th day preceding the anniversary date of issuance,
the holder of a license shall make application to the licensing authority
for its renewal. Application for a renewal shall follow the same procedure
and requirements as prescribed for a new application and shall necessitate
de novo consideration and determination by the licensing authority
in the same manner as a new application.
[Ord. No. 1998-16 § 1]
a.
A licensing authority may revoke or refuse to renew a license granted
under this act for any of the following reasons:
1.
A finding that there was any misstatement of material fact in the
application upon which the license was issued.
2.
The occurrence of any fact which, had it occurred and been known
to the licensing authority before issuance of the license, would have
resulted in the denial of the application.
3.
Repeated violations, or prolonged failure to correct any violation,
of any applicable building, housing, health or safety code regulations,
including Belmar Ordinances adopted in accordance with section N.J.S.A.
40:52-10.
4.
Refusal to allow access to any portion of the licensed premises at
all reasonable times, with or without advance notice, in order that
officers or agents of the licensing authority, or any official charged
with enforcement within the Borough of Belmar of any building, housing,
health or safety code or regulations applicable to the premises may
determine compliance with such codes, regulations, or ordinances.
5.
Revocations by the Department of Community Affairs of the operator's
license or other authorization to operate a rooming or boarding house
on the premises.
6.
Notification by the Department of Community Affairs that the premises
are not, or are no longer, suitable for operation of a rooming or
boarding house on the premises.
7.
Failure or refusal to comply with any lawful regulation or order
of the licensing authority.
8.
A determination by the municipal licensing agency that the issuance
or renewal of a license to such a person would be contrary to the
best interests of the residents of any rooming or boarding house or
of the public generally.
b.
A license shall not be revoked until five days' prior notice of the
ground therefor has been served upon the licensee, either personally
or by certified mail addressed to the licensee at the licensed premises,
and a reasonable opportunity given to the licensee to be heard thereon.
[Ord. No. 1998-16 § 1]
Upon determination by a licensing authority to refuse the granting
or renewal of a license, or to revoke a license, the licensee affected
shall be entitled to appeal to the Commissioner of Community Affairs
for a review of that determination, and the Commissioner shall have
authority to reverse the licensing authority's determination if it
concludes that the application was improperly denied or the revocation
improperly imposed. Such review by the Commissioner shall be in conformity
with the provisions of the "Administrative Procedure Act," (N.J.S.A.
52:14B-1 et seq.). The decision of the Commissioner in such cases
shall be subject to appeal to the Appellate Division of the Superior
Court. If an applicant for license renewal has made timely and sufficient
application for a renewal in accordance with the provisions of this
act and the rules of the licensing pursuant thereto, his license shall
not expire until any appeals under this section have been finally
determined and disposed of.
