[Adopted 9-16-2021 by Ord. No. 1043]
This article is adopted in order to protect the health, safety
and welfare of those purchasing or renting dwelling units or commercial
structures within the Borough of Oceanport, County of Monmouth, State
of New Jersey.
As used in this article, the following terms shall have the
meanings indicated:
A dwelling unit which includes living space, sleeping space,
storage space, a kitchen and at least one full bathroom.
A detached residential structure designed to provide living
facilities, including kitchen, for one family only.
Defined as a single unit providing complete, independent
living facilities for one or more persons, including permanent provisions
for living, sleeping, eating, cooking, and sanitation.
One or more persons customarily living together as a single
housekeeping unit whether or not related to each other by birth or
marriage, as distinguished from a group occupying a boarding house,
lodging house, hotel or motel.
A temporary dwelling unit for transient use, having limited
or no storage space and at least one full bathroom.
A rental for 90 days or less to a person having a permanent
residence elsewhere.
A.
Certificate of occupancy is required for rental/resale and transfer
of title for all residential and commercial units.
B.
No owner, owner of rental properties, agent of owner, real estate
agent or broker, firm, company, partnership, corporation or person
or persons shall sell, rent, transfer, grant, lease, let or mortgage
with right of occupancy or otherwise dispose of the ownership or occupancy
thereof, whether or not for a consideration and whether such disposal
of ownership or occupancy be temporary or permanent, any dwelling
unit, hotel, motel, rooming unit, boardinghouse or premises on which
a building is located and is used for human occupancy or commercial
unit unless a certificate of occupancy has been issued by the Housing
Inspector verifying that the property is in compliance with all applicable
zoning and property maintenance laws of this Borough, site plans,
building permits and Tax Assessor records. The owner or agent of the
residential, commercial or industrial building, or part thereof, or
tenant is responsible for submitting an approved zoning permit or
Planning Board approval resolution with the required application and
fees in accordance with this section.
D.
Such certificate of occupancy shall be granted or denied within 21
days from the date of the application for same. All applications are
subject to review for open permits or outstanding violations, which
shall be satisfactorily addressed prior to any inspection by the Housing
Inspector being scheduled.
E.
For commercial units, the owner or agent of the commercial or industrial
building, or part thereof, or tenant is responsible for submitting
an approved zoning permit or Planning Board approval resolution with
the required application and fees in accordance with this section.
F.
Whenever the Housing Inspector shall have made an inspection of any
property as herein provided in connection with a proposed sale of
such property and upon determining that one or more violations of
this code exist, the Housing Inspector shall, upon request of the
owner of such property, distinguish between those violations that
may endanger the public health or safety and those which do not. All
public health and safety violations shall be corrected immediately.
Upon receipt of a letter signed by any prospective purchaser of such
property acknowledging the existence of those violations which do
not endanger the public health or safety and accepting responsibility
for the corrections of such violations, the Housing Inspector may
issue a conditional certificate of occupancy enumerating the violations
remaining to be corrected and specifying the time within which such
violations should be corrected, which time shall be commensurate with
the nature of the violations to be corrected.
G.
The owner, or their agent, shall be responsible for resolving any
open permits with the construction department prior to submitting
an application for a certificate of occupancy.
[Amended 12-15-2022 by Ord. No. 1065]
A.
The landlord
of a single-unit dwelling or two-unit dwelling not owner occupied
shall be registered with the Clerk of the Borough of Oceanport, pursuant
to N.J.S.A. 46:8-28, and provide a copy of the registration to each
individual tenant by separate forms, the name, age and rental unit
address of each occupant or tenant 18 years or older occupying a rental
unit, and a floor plan of the rental unit. These forms shall be filed
with the Borough Clerk and shall not be available for public inspection.
For multifamily dwellings, a copy of the certificate of registration
filed with the New Jersey Bureau of Housing Inspection shall be filed
with the Clerk of the Borough of Oceanport.
B.
General liability insurance required.
(1)
Minimum limits of general liability insurance. The owner of a rental
unit or units, and the owner of a multifamily home of four or fewer
units, one of which is owner-occupied, shall maintain liability insurance
for negligent acts and omissions in an amount of no less than $500,000
for combined property damage and bodily injury to or death of one
or more persons in any one accident or occurrence.
(2)
Proof of general liability insurance required. The owner of a rental unit or units, and the owner of a multifamily home of four or fewer units, one of which is owner-occupied, shall annually register the certificate of insurance demonstrating compliance with Subsection B(1) above with the municipality in which the rental units, or multi family home, are located.
A.
In accordance with N.J.S.A. 46:8-28, all rental units shall be registered
and licensed as provided herein.
B.
Every owner shall file with the Housing Inspector or his designee
a registration form or other forms developed by the Borough for each
rental unit contained within a building or structure, which shall
include the following information:
(1)
The name, address and telephone number of the owner or owners of
the premises and the record owner or owners of the rental business,
if not the same persons, shall be provided. In the case of a partnership,
the names and addresses of all general partners shall be provided,
together with the telephone numbers for each individual partner, indicating
where such individual may be reached both during day and evening hours,
which telephone numbers shall include cell phone numbers. If the record
owner is a corporation, the name and address of the registered agent
and corporate officers of said corporation shall be provided, together
with the telephone number for each such individual, indicating where
such individual may be reached both during day and evening hours,
which shall include providing the cell phone numbers of each such
individual. All registration addresses shall be physical addresses;
post office boxes alone are insufficient.
(2)
If the address of the owner of record is not located in the County
of Monmouth, the name, address and telephone number of a person who
resides in the County of Monmouth who is authorized to accept notices
from a tenant and to issue receipts therefor and to accept service
of process on behalf of the owner of record.
[Amended 12-15-2022 by Ord. No. 1065]
(3)
The name, address and telephone number of the managing agent of the
premises, if any.
(4)
The name, address and telephone number of the superintendent, janitor,
custodian or other individual employed by the owner of record or managing
agent to provide regular maintenance service, if any.
(5)
The name, address and telephone number and cellular telephone number
of an individual representative of the owner of record or managing
agent who may be reached or contacted at any time in the event of
an emergency affecting the premises or any unit of dwelling space
therein, including such emergencies as the failure of any essential
service or system, and who has the authority to make emergency decisions
concerning the building and any repair thereto or expenditure in connection
therewith.
(6)
As to each rental unit, a specification of the exact number of sleeping
rooms contained in the rental unit and the exact number of sleeping
accommodations contained in each of the sleeping rooms, identifying
each sleeping room specifically by number and location within the
apartment or dwelling and by the square footage thereof.
(7)
As to each rental unit, the maximum number of occupants as established
by the New Jersey State Housing Code.
(8)
Name, address and telephone number of any and all rental agencies
with the authority to lease or otherwise permit occupancy of the subject
premises.
(9)
Number of occupants or tenants occupying the rental unit.
(10)
Whether or not the landlord has conducted a tenant screening
for each new tenant and authorized adult household member.
(11)
Such other information as may be prescribed by the Borough on
the appropriate form or otherwise by ordinance or resolution.
Every person required to file a registration form pursuant to
this article shall file an amended registration form within 20 days
of any change in the information required to be included thereon.
No fee shall be required for the filing of an amendment, with the
exception of a change in ownership of the premises.
A.
Short-term rental property prohibited uses. Notwithstanding anything
to the contrary contained in the Borough Code, it shall be unlawful
for an owner, lessor, sublessor, any other person(s) or entity(ies)
with possessory or use rights in a dwelling unit, their principals,
partners or shareholders, or their agents, employees, representatives
and other person(s) or entity(ies), acting in concert or a combination
thereof, to receive or obtain actual or anticipated consideration
for soliciting, or advertising, offering, and/or permitting, allowing,
or failing to discontinue the use or occupancy of any dwelling unit,
as defined herein, for a period of 90 days or less. Nothing in this
section will prevent formation of an otherwise lawful occupancy of
a dwelling unit for a rental period of more than 90 days.
B.
Sublease of any rental property. Any conditions pertaining to subleasing
of rental property will require a new certificate of occupancy and
full disclosure from the property owner.
The Borough shall charge nonrefundable fees for a CCO. Payment
of fees shall be made at the time the application is submitted, and
prior to the Borough official making any inspection as follows:
The issuing officer for CCOs in the Borough of Oceanport shall
be the Housing Inspector or his designee, if the designee has been
approved by the governing body.
A.
Within 10 days of the receipt of a complaint alleging a reported
violation of this chapter, the Housing Inspector shall conduct an
inspection as provided for below.
B.
The Housing Inspector is hereby authorized to make inspections to
determine the condition of rental facilities, rental units, hotels
and rooming houses in order that they may promote the purposes of
this chapter to safeguard the health, safety and welfare of the occupants
of rental facilities, rental units, hotels and rooming houses and
of the general public. For the purposes of making such inspections,
the Housing Inspector is hereby authorized to enter, examine and survey
rental facilities, rental units, hotels and rooming/boarding houses
after giving 48 hours' notice, unless there is an emergency requiring
immediate access. The owner or occupant of every rental facility,
rental unit, hotels and rooming/boarding house shall give the inspecting
officer free access to the rental facility, rental unit, hotel or
rooming house at all reasonable times for the purpose of such inspections,
examinations and surveys, including inspections of the registration
forms and other forms required to be supplied to each tenant.
C.
Every occupant shall give the owner of the rental facility, rental
unit and rooming house access to any part of such rental facility,
rental unit, hotel and rooming house after giving 48 hours' notice,
unless there is an emergency requiring immediate access, for the purpose
of making such repairs or alterations as are necessary to effect compliance
with the provisions of this chapter or any lawful order issued pursuant
thereto.
A.
Only those occupants whose names are on file with the Borough Clerk
as provided in this chapter may reside in the licensed premises. It
shall be unlawful for any other person to reside in said premises,
and this provision may be enforced against the landlord, tenant, or
other person residing in said premises.
B.
No rental facility shall be conducted in a manner which shall result
in any unreasonable disturbance or disruption to the surrounding properties
and property owners or the public in general, such that it shall constitute
a nuisance as defined in the ordinances of the Borough of Oceanport.
C.
The maintenance of all rental facilities and the conduct engaged
in upon the premises by occupants and their guests shall at all times
be in full compliance with all applicable ordinances and regulations
of the Borough of Oceanport and state and federal laws.
D.
Any landlord, tenant, or other person violating the provisions of
this section shall be subject to the penalty provisions of this chapter.
The Borough shall not be liable to any person or entity by reason
of the inspections required by this article or the issuance of a housing
certificate of occupancy. The issuance of a housing certificate of
occupancy by the Borough of Oceanport is not a warranty or guarantee
that there are no defects in the residential dwelling or unit. The
inspection of the land use, exterior and interior of the dwelling
unit is limited to the visual inspection only. The Borough does not
guarantee or approve, and shall not be responsible for, defects not
noted in any inspection report or for any latent, structural or mechanical
defects thereto.
Any person or organization that shall violate any provision
of this article shall be subject to a penalty as set forth below:
Unless another penalty is expressly provided by New Jersey statute,
any person, firm or corporation in violation of this section may be
subject to a penalty of $500. A second offense of this section may
be subject to a fine of $1,000. A third offense of this section may
be subject to a fine of $2,000.
