[HISTORY: Adopted by the Township Committee of the Township of Barnegat 6-20-95 as Ord. No. 1995-33. Amendments noted where applicable.]
[Amended 2-18-97 by Ord. No. 1997-3; 9-7-2021 by Ord. No. 2021-17]
A. 
All buildings and structures, and units thereof, that are leased or rented within the Township of Barnegat for living or sleeping purposes shall be inspected by the Zoning Official, Construction Code Official or a duly authorized representative on every initial occupancy or change of occupancy after the effective date of the ordinance. All buildings and structures and units thereof which are leased or rented and are not currently occupied at the time this ordinance takes effect shall be considered an initial occupancy and subject to the inspection provisions hereof. This provision shall apply to all units leased for a term of one month or more. All buildings and structures and units thereof rented as hotels, motels and rooming houses and boarding houses which are rented on a short term basis (less than 30 days) are required to obtain a rental permit and shall be required to have one rental permit inspection for each residentially rented building structure or unit thereof in any calendar year.
B. 
In lieu of interior inspection, property owners may file the following notarized affidavits on forms that shall be provided by the Construction Code Official certifying that:
(1) 
All smoke alarms, carbon monoxide alarms, and portable fire extinguishers have been installed, tested and are operational pursuant to the New Jersey Uniform Fire Code.
(2) 
The interior is maintained in a clean, safe, and satisfactory manner condition and in a manner that complies with all applicable Barnegat Township Ordinances and provisions of the New Jersey Uniform Construction Code.
[Amended 2-18-97 by Ord. No. 1997-3; 3-10-14 by Ord. No. 2014-09]
All buildings and structures and units thereof which are inspected pursuant to this ordinance shall comply in all respects with the BOCA Property Maintenance Code as specifically referenced and set forth in Section 30-6 of the Barnegat Township Code and any ensuing issuance by the Model Code Agency. Three (3) copies of said BOCA Property Maintenance Code shall be available in the Township Clerk's Office for inspection during regular business hours of the township, and in accordance with attached Schedule A.
The Code Enforcement Officer and the Construction Code Official shall create and make available to all applicants a form that sets forth specific items that will be inspected on each rental permit inspection under this chapter.
Editor's Note: Schedule A, referred to herein, may be found on file in the office of the Township Clerk.
[Amended 2-18-97 by Ord. No. 1997-3]
The owner, rental agent or manager of all buildings and structures and units thereof subject to inspection pursuant to this ordinance shall be responsible for notifying in writing the Zoning Official or Construction Code Official that such premises are leased or rented or being offered to be leased or rented so that inspection or reinspection will be made.
[Amended 2-18-97 by Ord. No. 1997-3]
Upon completion of an inspection of any building or structure or unit thereof that is to be leased or rented within the Township of Barnegat, if the Zoning Official or Construction Code Official should find violations for failure to comply with the BOCA Property Maintenance Code as set forth in Section 39-6 of the Township Code, the Zoning Official or Construction Code Official shall notify the owner, rental agent or manager in writing of any code violations. The Zoning Official or Construction Code Official shall conduct a reinspection of the building or structure within ten (10) days of the notice of violation. If upon reinspection of the property the Zoning Official or Construction Code Official determines that the building or structure is not in compliance by a failure to correct the initial violations or by the existence of new violations, then the Zoning Official or Construction Code Official shall again, in writing, notify the owner, rental agent or manager of the inspected building or premises. There shall be another inspection by the Zoning Official or Construction Code Official of the building or premises ten (10) days after the second notice of violation is issued, and if the violations are not corrected upon the second reinspection a notice of violation and order to pay penalty shall be issued by the Construction Code Official and the Zoning Official shall issue summonses pursuant to penalty provisions of this ordinance. The building or premises shall not be leased or rented to any tenant until the violations have been satisfied and there is compliance with the Property Maintenance Code.
[Added 12-5-2017 by Ord. No. 2017-29]
No rental permit shall be issued unless all property taxes, water and sewer utilities, and any and all municipal liens are paid in full on the property, including pending municipal liens.
Service shall be deemed to be properly served upon such owner if a copy thereof is delivered to the owner, rental agent or manager personally or by leaving the notice at the usual place of abode, in the presence of someone in the family of suitable age and discretion who shall be informed of the contents thereof or by certified or registered mail addressed to the owner at the last known address with return receipt requested or, if the certified or registered letter is returned with receipt showing that it has not been delivered, by posting a copy thereof in a conspicuous place in or about the structure affected by such notice and by at least one (1) publication of such notice in a local newspaper of general circulation.
[Amended 2-18-97 by Ord. No. 1997-3; 3-10-14 by Ord. No. 2014-09]
A. 
If subsequent to the issuance of a rental permit, the Zoning Official or Construction Code Official learns or becomes aware of violations of the State Housing Code and/or Property Maintenance Code as per Chapter 38, an inspection shall be made of the subject premises. If violations are found to exist, then notification, in writing, shall be given to the owner, rental agent or manager, and said person shall have ten (10) days from service of the notice to correct all deficiencies noted therein. In the event that the same have not been corrected within ten (10) days, then the rental permit may be revoked by the Zoning Official or Construction Code Official by mailing a notice of revocation by certified mail to the owner, rental agent or manager and to the tenant or tenants, and the premises will be vacated.
B. 
If subsequent to the issuance of a rental permit, a tenant of the subject premises is convicted of two (2) or more offenses in the Municipal Court or the Superior Court relating to controlled dangerous substances (CDS), then the rental permit shall be revoked by the Zoning Official, Code Enforcement, Police Department or the Construction Code Official by mailing a notice of revocation by certified mail to the owner, rental agent or manager and to the tenant or tenants, and the premises shall be vacated. The owner shall also be subject to the fines set forth in Section 63B-7 herein for violations of this provision.
[Amended 2-18-97 by Ord. No. 1997-3; 3-10-14 by Ord. No. 2014-09]
A. 
Any person, firm or corporation who shall violate any provision of this ordinance shall be subject to a notice of violation and order to pay penalty up to five hundred dollars ($500.) per day for each violation and further upon conviction thereof, be subject to a fine of not less than one hundred dollars ($100.) nor more than one thousand dollars ($1,000.) or imprisonment for a term not to exceed thirty (30) days or both, at the discretion of the court. Each day that a violation continues after notice has been served shall be deemed a separate offense.
B. 
In addition to the penalties set forth in Section 63B-7A, any owner who violates the provisions of Section 63B-6B shall, upon conviction in the Municipal Court of the Township of Barnegat or such other court having jurisdiction, be liable for a minimum fine of $500 for the first offense, $1,000 for a second offense and $2,500 for any additional offenses. Any owner who is convicted of violating Section 63B-6B within one year of the date of the previous violation and who was fined for same shall be sentenced by the court to an additional fine as a repeat offender and calculated separately from the fine imposed for the violation of the chapter.
A. 
The owner of the inspected property shall be charged a fee for each annual inspection as follows:
(1) 
Each dwelling unit: Fifty dollars ($50.).
[Amended 2-18-97 by Ord. No. 1997-3; 8-2-04 by Ord. No. 2004-37; 4-3-18 by Ord. No. 2018-10]
(2) 
One (1) to five (5) rooms: ten dollars ($10.).
(3) 
Six (6) to fifteen (15) rooms: fifteen dollars ($15.).
(4) 
Sixteen (16) to twenty-five (25) rooms: twenty dollars ($20.)
(5) 
Twenty-six (26) to thirty-five (35) rooms: thirty dollars ($30.).
(6) 
Thirty-six (36) rooms and upwards: forty dollars ($40.).
(7) 
Each reinspection: one hundred twenty-five dollars ($125.00).
[Added 2-18-97 by Ord. No. 1997-3; amended 8-2-04 by Ord. No. 2004-37; 3-10-14 by Ord. No. 2014-09]
B. 
The term "dwelling unit" shall be defined as a single unit providing complete, independent living facilities for one (1) or more persons, including permanent provisions for living, sleeping, cooking and sanitation.
C. 
The term "room" shall mean a single, habitable unit used or intended to be used for living and/or sleeping, but not for cooking or eating purposes.
D. 
A fee of five dollars ($5.) shall be charged for each dwelling unit or room which is required to be reinspected during any calendar year.
E. 
The aforesaid fees shall be paid prior to any inspection or re-inspection being made hereunder.
[Amended 4-3-2018 by Ord. No. 2018-10]
[Added 11-5-2020 by Ord. No. 2020-18]
A. 
This article aims to curtail, and in certain circumstances prohibit, the increasingly widespread practice of renting or leasing various types of dwellings, or segments thereof, located primarily in residential neighborhoods, on a short-term basis to transient guests. This practice has been popularized and facilitated by various websites that advertise and broker these rentals. Left unregulated, this practice will transform many residential dwellings into flophouses to the detriment to the health, safety, and quiet enjoyment of the affected neighborhoods.
B. 
This article does not apply to lawfully established and operating hotels, motels, rooming houses, boardinghouses, and bed-and-breakfast establishments.
As used in this article, the following terms shall have the meanings indicated:
DWELLING
Any building or portion thereof designed or used exclusively for one or more dwelling units, as delineated below:
A. 
DWELLING UNITA building or part thereof having cooking, sleeping and sanitary facilities designed for or occupied by one family and which is entirely separated from any other dwelling unit in the building, either vertically or horizontally, and with an independent means of access.
B. 
DWELLING, SINGLE-FAMILYA building designed for or containing one dwelling unit.
C. 
DWELLING, TWO-FAMILYA building designed for or containing two dwelling units which are entirely separated from each other by vertical walls or horizontal floors.
D. 
DWELLING, MULTIPLEA building designed for or containing three or more dwelling units which are entirely separated from each other by vertical walls or horizontal floors.
E. 
DWELLING, EFFICIENCY APARTMENTAn apartment including the following separate rooms or a combination thereof: a bathroom with toilet and bath facilities and a combination living room and bedroom with a combination kitchen and dining room; or a combination living room, bedroom and dining room with a separate kitchen; or a combination living room, bedroom, dining room and kitchen, provided that the kitchen can be closed off from the remainder of the room. No additional room shall be provided except hallways and suitable closet and storage space.
F. 
DWELLING, ONE-BEDROOM APARTMENTAn apartment including the following separate rooms or a combination thereof: a kitchen; a dining room; a living room; or a combination kitchen and dining room with a separate living room; or a separate kitchen with a combined living room and dining room area, provided that in no case shall a kitchen be combined with a living room; a bathroom with toilet and bath facilities; and a bedroom. No additional room shall be provided except hallways and suitable closet and storage space.
G. 
DWELLING, TWO-BEDROOM APARTMENTAn apartment including the following separate rooms or a combination thereof: a kitchen; a dining room; a living room; or a combination kitchen and dining room with a separate living room; or a separate kitchen with a combined living room and dining area, provided that in no case shall a kitchen be combined with a living room; a bathroom with toilet and bath facilities; a master bedroom; a second bedroom. No additional room shall be provided except hallways and suitable closet and storage space.
H. 
DWELLING, THREE-BEDROOM APARTMENTAn apartment including the following separate rooms or a combination thereof: a kitchen; a dining room; a living room; or a combination kitchen and dining room with a separate living room; or a separate kitchen with a combined living room and dining area, provided that in no case shall a kitchen be combined with a living room; a bathroom with toilet and bath facilities; a master bedroom; a second bedroom; a third bedroom. No additional room shall be provided except hallways and suitable closet and storage space.
I. 
DWELLING, TOWNHOUSEA one-family dwelling in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls.
SEGMENTED DWELLING
A room within or section of a dwelling that constitutes an area less than the entire dwelling.
No dwelling, or segment thereof, may be rented or leased for a term of less than 30 days.
A. 
The lease or rental of multiple rooms within a dwelling to a single tenant or separate tenants is prohibited.
B. 
The lease or rental of a single room within a dwelling is permitted provided the following conditions are satisfied:
(1) 
The dwelling has been inspected, issued a rental certificate of occupancy, and complied with all other requirements set forth in Chapter 63B.
(2) 
The landlord has filed the appropriate registration with the Township pursuant to N.J.S.A. 46:8-28 and Chapter 63B of the Township Code.
(3) 
The dwelling complies with all applicable health, safety, construction, zoning, and fire codes.
(4) 
The dwelling has a minimum of two bedrooms.
(5) 
The addition of the tenant does not result in a violation of occupancy limitations.
(6) 
The owner maintains all required insurances in sufficient coverage amounts and has furnished proof thereof to the Township.
(7) 
The dwelling is owner-occupied year-round.
(8) 
A minimum tenancy of one month, and a maximum of one tenant.
(9) 
The tenant has unrestricted access to the dwelling's common areas and amenities, including but not limited to kitchens, basements, garages, laundry facilities, patios/porches, pools, assigned closets, assigned bathrooms, and living and dining areas.
(10) 
Bedroom doors may have privacy locks, but not key locks.
(11) 
There is sufficient space on the subject property to lawfully provide one on-premises parking space for the tenant's vehicle.
The lease or rental of any dwelling for commercial or corporate purposes is prohibited.
The lease or rental, for any purpose, of any amenity, feature, accessory, or appurtenance to or associated with a dwelling is prohibited. This prohibition includes, but is not limited to, swimming pools, hot tubs, tennis courts, basketball courts, home gyms, and garages.
The print, electronic, or Internet advertisement of any rental that is prohibited by or fails to comply with the provisions of this article or any other applicable provision of the Township Code is prohibited.
The Code Enforcement Officer, Zoning Officer, and the Police Department are empowered to enforce this article.
A. 
Any person violating or failing to comply with any other provision of this article shall, upon conviction thereof, be punishable by a fine no less than $100 and no more than $1,000, by imprisonment not to exceed 90 days or by community service of not more than 90 days, or any combination of fine, imprisonment and community service, as determined in the discretion of the Municipal Court Judge. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
B. 
Each and every day a violation of this article persists shall constitute a separate violation.
C. 
To the extent the conduct prohibited under this article also violates other provisions of the Township Code, those violations constitute separate offenses subject to additional fines and penalties as prescribed.