[HISTORY: Adopted by the Mayor and Council of the Borough of Bradley Beach 8-16-2023 by Ord. No. 2023-3[1]. Amendments noted where applicable.]
[1]
Editor's Note: This ordinance repealed former Ch. 365, Art. II, Summer Rentals, adopted by Ord. No. 1998-15.
A. 
Registration required. No person(s), corporation or business entity shall offer any residential property for rent, or shall rent, lease or let any residential property to any person or persons, without first obtaining a landlord registration certificate.
B. 
Required information. The applicant shall provide all information required on the rental property registration statement promulgated by the Borough under this article.
C. 
Fee. The annual registration fee shall be $100 for rental properties consisting of four or fewer units, and shall be $20 per unit for rental properties consisting of five or more units. Notwithstanding the above, all landlords/property owners must apply for, obtain and pay the usual fee for any certificate of occupancy which is required by any statute, regulation or ordinance for any affected premises, as well as the usual fee for the business insurance registration required by Chapter 147 of this Code.
D. 
Revocation of landlord registration. In the event of any violation(s) of this article or any other ordinance, statute or regulation concerning rental property within the Borough, the Borough's governing body may revoke any landlord registration certificate upon at least 10 days' prior notice of the grounds for revocation is served upon the landlord/property owner, and a reasonable opportunity to be heard thereon is provided.
E. 
Upon the transfer of ownership of any occupied rental property, the new owner shall have 14 days to apply for a landlord registration certificate.
F. 
Upon the transfer of ownership of any vacant rental property, the new owner shall apply for a landlord registration certificate prior to any new rental or occupancy thereof.
A. 
The owner of every rental property within the Borough shall file a rental property registration statement with the Borough Clerk, the form of which is on file with the Borough Clerk. The Borough Clerk shall provide a copy of same to the Code Enforcement Officer. When providing a copy of same to any other person or entity requesting same, the Borough shall redact the names, addresses, and ages of tenants.
B. 
The rental property registration statement shall be filed on an annual basis on or before March 1 of each year.
C. 
The rental property registration statement shall include:
(1) 
The names and addresses of record owners of the rental property, including all general partners in the case of partnership and all members in the case of a limited liability company and all shareholders in the case of a corporation;
(2) 
The name and address of a person who resides in Monmouth County and who is authorized to accept notices from a tenant or a municipality, to issue receipts for these notices, and to accept the services of process on behalf of the record owner;
(3) 
The name and address of the managing agent and, if applicable, the name, address and telephone number of the superintendent, janitor, custodian or other person employed to provide regular maintenance services, and the name, address and telephone of an individual representative of the record owner of managing agent who may be reached or contacted at any time in the event of an emergency affecting the dwelling or any dwelling unit, including such emergencies as the failure of any essential service or system, and who has authority to make emergency decisions concurring the building or unit, including the making of repairs;
(4) 
The name and age of each and every adult tenant in each unit, as well as the number and age(s) of any children shall be provided. The information contained in the rental property registration statement must be sent forth information for each unit within the rental property and must include all tenants in each unit.
(5) 
As to each unit, the owner shall provide a floor plan of each rental unit which shall depict the number, dimensions and location of each room in the unit identifying each room, including both its designed and actual use. The floor plan shall comply with Chapter 328: "Overcrowding of Dwellings" in all respects. No space shall be used for sleeping purposes which has not been so designated as a sleeping area on the sketch provided by the owner and approved by the Code Enforcement Officer, which shall be on file with the Offices of Community Development;
(6) 
A certificate of insurance reflecting the following amounts of insurance in compliance with Chapter 147 of this Code as follows:
(a) 
Except as provided in Subsection C(6)(b) hereinbelow, the owner of a rental property or units 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;
(b) 
The owner of a multifamily home which is 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 $300,000 for combined property damage and bodily injury to or death of one or more persons in any one accident or occurrence; and
(7) 
Such other information as may be required by the Borough.
D. 
In the event any tenancy changes during the year, the landlord, owner or managing agent shall, prior to the change in tenancy, provide an updated rental property registration statement for every unit in which a change in tenant has occurred. This shall be in addition to the requirements for obtaining a certificate of occupancy for the change of tenancy. A change in tenancy shall mean the addition of any person not included in the annual rental property registration statement or the deletion of any person on the annual rental property registration statement.
This chapter shall not apply to public housing authorities, not-for-profit housing corporations, and rental property restricted to senior housing or housing for the developmentally disabled.
All rental properties and/or units shall be inspected by the Borough's Code Enforcement Officer for the purpose of determining Zoning Ordinance compliance and to determine if the rental property, unit or complex complies with all laws, including but not limited to the Property Maintenance Code, Uniform Construction Code, Health Code, Housing Code, and Fire Code.
A. 
No person shall occupy any rental property or unit, nor shall the owner permit occupancy of a rental property or unit, unless and until the property and/or unit(s) is/are registered in accordance with this article.
B. 
Only those persons whose names are on the rental property registration statement filed in accordance with this article may reside in the registered premises. It shall be unlawful and a violation of this article for any other person to reside in the rental premises. This provision may be enforced against the landlord and tenant and/or any other person residing in such rental premises.
C. 
The minimum duration of any rental within the Borough shall be 6 1/2 days or 156 hours.
D. 
No rental property or unit(s) shall be conducted or maintained in such a manner as to constitute a nuisance.
It shall be a violation of this Code for any tenant of a rental property within the Borough to sell, lease or otherwise accept payment in exchange for a share or other partial interest in their lease of a rental property, or for the right to occupy that rental property. The landlord registration certificate of a rental property in which shares have been purchased or sold shall be subject to revocation for up to one year upon conviction in municipal court for a violation of this section.