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ORDINANCE 2010-21 Seasonal Rentals

ADOPTED: AUGUST 23, 2011

AN ORDINANCE OF THE BOROUGH OF POINT PLEASANT BEACH, OCEAN COUNTY, NEW JERSEY, DELETING CHAPTER XXVII, ENTITLED “SEASONAL RENTAL REGULATIONS,” AND FURTHER DELETING SECTION 3-33, ENTITLED “REGULATIONS TO CONTROL SEASONAL RENTALS,” IN ORDER TO REPLACE WITH NEW CHAPTER XXVII.


BE IT ORDAINED by the Borough Council of the Borough of Point Pleasant Beach, County of Ocean, and State of New Jersey, as follows:
SECTION 1. Chapter XXVII [27] of the Code of the Borough of Point Pleasant Beach, entitled “Seasonal Rental Regulations,” is hereby deleted and replaced by new Chapter XXVII, as set forth in Section 3.
SECTION 2. Section 3-33 of the Code of the Borough of Point Pleasant Beach, entitled “Regulations to Control Seasonal Rentals,” is hereby deleted and replaced by new Chapter XXVII, as set forth in Section 3.
SECTION 3. Chapter XXVII (replacing Chapter XXVII and Section 3-33) shall provide as follows:
27-1. Purpose and Findings.
The Borough Council finds, determines, and declares that:

a. Point Pleasant Beach is a resort community and its citizens have experienced disturbances, damage and public expense resulting from carelessly granted and inadequately supervised seasonal rentals to irresponsible vacationers by inept or indifferent landlords.
b. This section is enacted to preserve the peace and tranquility of the community for its permanent residents and to maintain the municipality as a viable vacation resort for all persons and families availing themselves of the facilities in the community.
c. The enactment of this section is necessary and desirable to provide a means to curb and discourage those occasional excesses arising from irresponsible seasonal rentals.
d. The Legislature of the State of New Jersey enacted N.J.S.A. 40:48-2.12n et seq. to enable certain communities to take effective action to assure that excesses, when they occur, shall not be repeated and that landlords offering seasonal rentals shall be held to sufficient standards of responsibility. Pursuant to the legislative authority conferred therein, the Borough Council hereby adopts the regulatory measures set forth in Sections 27-1 through 27-5.
e. In addition to the statutory authority set forth in Section 27-1d, the Borough Council, pursuant to the legislative powers conferred by N.J.S.A. 40:48-1 et seq. and N.J.S.A. 40:60-6, hereby adopts the additional regulatory measures set forth in Sections 27-6 through 27-19.

f. The enforcement and penalty provisions set forth in Sections 27-1 through 27-5 are intended and designed to complement the enforcement and penalty provisions set forth in Sections 27-6 through 27-19. In enforcing the provisions of this ordinance, the Borough and its officials shall not be restricted to any one enforcement mechanism, but shall be free to pursue any and all enforcement mechanisms provided for herein and under the law.

27-2. Definitions.
For the purpose of this chapter, the following meanings shall apply:
Hearing officer shall mean a licensed attorney of the State of New Jersey appointed by the Point Pleasant Beach Borough Council. The hearing officer shall not own or lease any real property within the Borough of Point Pleasant Beach nor hold any interest in the assets of or profits arising from the ownership of such property.
Landlord shall mean the person or persons who own or purport to own any building in which there is rented or offered for rent housing space for living or dwelling under either a written or oral lease, including but not limited to, any building subject to the "Hotel and Multiple Dwelling Law," P.L. 1967, c.76 (N.J.S.A. 55:13A-1 et seq.) and owner-occupied two-unit premises.
Seasonal rental shall mean any rental of residential accommodations for a term of less than one year. This chapter shall apply to rooming houses, boarding houses, and lodging houses licensed or regulated under other ordinances of this Borough, as well as to single-family residential dwellings, apartments, or other multi-unit dwellings, but shall not apply to any premises leased for a period of one year or more.
Substantiated complaint shall mean an act of disorderly, indecent, tumultuous or riotous conduct, which shall include but not be limited to disorderly or petty disorderly persons offenses, ordinance violations, drinking in public, lewdness, urinating in public, defecating in public, and acts of criminal mischief, committed upon or in proximity to any seasonal rental premises and attributable to the acts or incitements of any of the tenants of those premises which have been substantiated by prosecution and conviction in any court of competent jurisdiction. For purposes of this definition, the phrase “upon or in proximity to” shall mean anywhere on the property or upon or within the adjacent right-of-way.

27-3. Hearing on Proceedings to Require Posting of Bond and Assessment of Penalties.
a. If in any one year, two complaints, on separate occasions, of disorderly, indecent, tumultuous or notorious conduct, which shall include but not be limited to disorderly or petty disorderly persons offenses, ordinance violations, drinking in public, lewdness, urinating in public, defecating in public, and acts of criminal mischief, shall be committed upon or in proximity to any seasonal 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 Borough Council or any officer or employee of the borough so designated by the Borough Council for this purpose may institute proceedings to require the landlord of the seasonal rental premises to post a bond against the consequences of future incidents of the same character.
b. The Borough Council or any such employee of the municipality designated by the Borough Council 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, and to the agent of the owner identified by the owner pursuant to Section 27-8e, by registered mail, notice advising of the institution of such proceedings together with particulars of the substantiated complaint upon which those proceedings are based and of the time and place at which the hearing will be held in the matter, which shall be in the municipal building, municipal court, or such other public place as designated by the Borough Council and which shall be no sooner than 30 days from the date upon which the notice is served or mailed.
c. At the hearing convened pursuant to paragraph b. above, the hearing officer shall give full hearing to both the complaint of the municipality and to any evidence in contradiction or mitigation that the landlord, if present or represented and offering such evidence, may present. 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.
d. Any bond required to be posted shall be in accordance with the judgment of the hearing officer, in light of the nature and extent of the offenses indicated in the substantiated complaints upon which the proceedings are based, to be adequate in the case of subsequent offenses to make reparation for:
1. Damages likely to be caused to public or private property and damages consequent upon disruption of affected residents' rights of fair use and quiet enjoyment of their premises; and
2. Securing the payment of fines and penalties likely to be levied for such offenses; and
3. Compensating the municipality for the costs of repressing and prosecuting such incidents or disorderly behavior; provided, however, no such bond shall be in an amount less than five hundred ($500.00) dollars or more than five thousand ($5,000.00) dollars. The municipality may enforce a bond thus required by action in the 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 municipality.
e. Any bond or other security deposited in compliance with paragraph d. above shall remain in force for a period of four years. Upon the lapse of the four-year period, the landlord shall be entitled to the discharge of the bond unless prior thereto further proceedings leading to a forfeiture or partial forfeiture of the bond or other security shall have been had under section 27-4, below, in which case, the security shall be renewed in an amount and for a period that shall be specified by the hearing officer. A transfer of ownership or control of the property shall not void a requirement for security imposed under this section. The person or persons to whom ownership or control is transferred shall maintain that security and shall be subject to injunctive proceedings as authorized by paragraph d. above in the same manner as the landlord upon which the requirement was originally imposed; provided, however, the Borough Council may by resolution shorten the period for which security is required to not less than one year from the date of the transfer of ownership or control if during that year no substantiated complaints are recorded with respect to the property in question.

27-4. Bond Forfeiture, Extension.

a. If during the period for which a landlord is required to give security pursuant to section 27-3, above, a substantiated complaint is recorded against the property in question, the Borough Council or its designee may institute proceedings against the landlord for the forfeiture or partial forfeiture of the security, for an extension as provided in section 27-3e, above, of the period for which the security is required, or for an increase in the amount of security required or for any or all of those purposes.
b. 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 section 27-3d, above. 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 section 27-3d, above, 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 effectually carry out the purposes of this section. The decision of the hearing officer in such circumstances shall be enforceable in the same manner as provided in section 27-3d, above.

27-5. Hearing Officer, Qualifications.

The hearing officer shall be a person or persons appointed by the Borough Council. A hearing officer shall not own or lease any real property within the Borough of Point Pleasant Beach nor hold any interest in the assets of or profits arising from the ownership or lease of such property.

27-6. Seasonal Rental Certificate of Occupancy Required.
The owner or owners of any residential building, or any agent acting on behalf of any owner or owners who intends to lease all or any part thereof as a seasonal rental as that term is defined herein shall first make application to the construction official of the borough for the issuance of a seasonal rental certificate of occupancy on each such form or forms as may be required by the construction official. Such application shall be accompanied by the appropriate filing fee as set forth herein.

27-7. Seasonal Rental License Required.
a. No person, corporation or partnership shall let or lease any furnished or unfurnished housing or living unit for seasonal residential purposes for occupancy unless a license to let each such unit is first procured and kept in effect at all such times as required by this chapter or any other law or ordinance of the Borough of Point Pleasant Beach.
b. The fee for such license or renewal thereof shall be two hundred ($200.00) dollars per unit and the license shall be valid for the calendar year of its issue.
c. For any property subject to the hotel motel tax, pursuant to Chapter 28-1 et seq. of the Code of the Borough of Point Pleasant Beach, the fee for such license or renewal thereof shall be one hundred ($100.00) dollars for the season and shall encompass the entire building, and shall not apply to each of the individual living units therein.

27-8. Applications for Seasonal Rental License.
Every person required to procure a license under the provisions of this chapter shall submit an application for such license to the borough clerk at the Municipal Building of the Borough of Point Pleasant Beach, which application shall be accompanied by the full amount of the fees chargeable for the license sought. All applications for a license under the provisions of this chapter shall be by a written statement upon the forms provided by the borough clerk and shall contain the following:
a. A statement that there have been no prior revocations or suspensions of license. In the event that there has been a prior revocation or suspension, the clerk shall not issue a license. An appeal from the clerk’s decision not to issue the license may be taken as provided herein.
b. A statement that the applicant is not violating the zoning ordinance of the Borough of Point Pleasant Beach.
c. The name of the person to whom the license will be issued and his or her residence address. If the applicant is not an individual, then the names, positions, and the residence addresses of all officers and managers of the applicant.
d. The address of the premises and the name and residence address of the owner of the premises and the names and permanent address of each proposed tenant.
e. The name and address of an agent of the owner of the premises residing in or having an office in the Borough of Point Pleasant Beach who is authorized to accept mailed service of any notice or order and to comply with same on behalf of the owner.
f. The name and address of the real estate agent, if any, negotiating the tenancy.
g. Proof of compliance with the rental certificate of occupancy provisions of Section 27-6.

27-9. License Renewals and Transfers.
Applications for renewal or transfer of a license shall follow the same procedure as is outlined for an original application.

27-10. Appeal Procedure.

After submission of the application and the required fees to the borough clerk, the code enforcement officer shall make any investigation necessary to determine if there has been compliance with the rental certificate of occupancy provisions of section 27-6, and shall indicate his written approval or disapproval of the license application within ten days after the application is filed with the borough clerk. If approved, the license shall be issued by the borough clerk. If disapproved, the code enforcement officer shall notify the applicant and the borough clerk in writing of such disapproval and the reasons therefor, and the applicant shall have ten days from receipt of notice of disapproval to appeal from the decision of the code enforcement officer to the governing body of the Borough of Point Pleasant Beach, which after due hearing can affirm or reverse the decision of the code enforcement officer. Such appeal shall be heard and decided within 30 days of the filing of the appeal. Any appeal from the determination of the borough clerk to not issue a license, made pursuant to section 27-8a, shall follow the same procedure stated herein.

27-11. License Specifications.
Each license issued under the provisions of this chapter shall state upon its face the following:
a. The name and address of the licensee and of the agent authorized to accept service of any notice or process on behalf of the licensee.
b. The name and permanent address of each tenant of the premises.
c. The amount of license fee therefor.
d. The dates of issuance and expiration thereof.

27-12. Regulations.
In addition to the provisions hereinafter set forth covering specific licensed operations, every licensee under this chapter shall:
a. Permit all reasonable inspections of the premises.
b. Permit access to the licensed premises at all reasonable times by the code official.
c. Ascertain and at all times comply with all laws and regulations applicable to such licensed premises.
d. Avoid all forbidden, improper, unlawful or unnecessary practices, business or conditions which do or may affect the public health, morals or welfare.
e. Refrain from operating the licensed operation on the premises after expiration of his license and during the period when his license is revoked or suspended.
f. Post and maintain his license upon the licensed premises in a place where it may be seen at all times.

27-13. Due Date of License Fees.
License fees for furnished or unfurnished rental housing or living units occupied for seasonal residential purposes shall be paid upon filing of the application for the license or for renewal thereof.

27-14. Enforcement of License Provisions.
It shall be the duty of the chief of police, the code enforcement officer and/or any police officer of the Borough of Point Pleasant Beach to determine if this chapter has been complied with and to enforce the provisions of this chapter against any person found to be violating the same.


27-15. Posting of List Names and Addresses of Tenants.
a. The landlord licensee shall post on the back of the front door of the premises the rental certificate of occupancy required and a list setting forth the full names and permanent addresses of each tenant, including the name and permanent addresses of each person contributing toward the cost of the rental.
b. In the event of a change in tenancy during the period of the license, the licensee shall file with the borough clerk a list of the names and permanent addresses of the new tenants, a copy of which shall be posted as required above.

27-16. Revocation or Suspension of Licenses.

a. Causes. Any license granted or issued pursuant to this chapter may be suspended or revoked as provided herein after notice and hearing for any of the following causes:
1. Any fraud, misrepresentation or false statement contained in the application for license.
2. Any violation of this chapter or any borough ordinance.
3. Conducting the use, licensed under this ordinance, by applicant himself, or any of his agents, servants, employees, tenants or occupants in any unlawful manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
4. In the event any tenant or occupant of any individual living unit upon the licensed premises is charged with a violation of a borough ordinance, notice of the pending charge will be given by mail to the licensee and the person designated to receive notices on the licensee's behalf pursuant to section 27-8e, above. In the event two such complaints are issued during one licensing year and result in convictions in municipal court, then such convictions may be grounds for suspension or revocation of the license. In the event the owner of the licensed premises is the complaining party and said complaint results in a conviction in municipal court, such conviction shall not be counted as a complaint for purposes of license suspension or revocation.

27-17. Hearing on Proceedings for License Suspension or Revocation.
a. Notice of Hearing. Notice of hearing for revocation or suspension of license shall be given in writing by the borough clerk or the code enforcement officer, setting forth specifically the grounds of complaints and the time and place of the hearing. Such notice shall be mailed by certified mail to the licensee and his designated agent at the address indicated on the license application at least five days prior to the date set forth for the hearing.
b. Conduct of Hearing. The hearing shall be held before hearing officer to be designated by resolution of the governing body and shall be tape recorded. At such hearing proof of conviction of any occupant of the licensed premises for a violation of any borough ordinance relating to noise or disorderly conduct occurring on the licensed premises shall be admissible.
c. Penalties. The hearing officer upon a finding that the charges against the licensee have been sustained may in his discretion suspend the license for a specified period or revoke the license. In the discretion of the hearing officer such sentence may be suspended conditioned on subsequent compliance with the ordinance. If noncompliance with such condition is established at a subsequent hearing, the sentence will be reimposed.
d. Any suspension of license may include a period of suspension during the term of any renewal of the license.

27-18. Complaints.
In addition to the provisions for revocation, the code enforcement officer, the chief of police, any police officer of the Borough of Point Pleasant Beach, or any taxpayer or resident of the borough may make complaint in the municipal court of the Borough of Point Pleasant Beach for any violation of this chapter, or any article, section, paragraph or provision thereof.

27-19. Penalties.
Any person convicted of a violation of the provisions of this chapter shall be subject to a fine of not less than one hundred ($100.00) dollars or more than two thousand ($2,000.00) dollars.

SECTION 4. This Ordinance repeals any inconsistent ordinance or ordinances or part or parts thereof.
SECTION 5. This Ordinance shall take effect immediately upon its final passage and publication as required by law.

NOTICE
NOTICE IS HEREBY GIVEN that the foregoing Ordinance was introduced and passed on first reading at the regular meeting of the Borough Council of the Borough of Point Pleasant Beach, in the County of Ocean, held on the 2nd day of August, 2011 and will be considered or second reading and final passage at the regular meeting of said governing body to be held on the 23rd day of August, 2011 at 7:30 p.m. in the Council Chambers, Borough Hall, 416 New Jersey Avenue, Point Pleasant Beach, New Jersey at which time and place any person desiring to be heard will be given an opportunity to be so heard.

MARYANN ELLSWORTH, Clerk


Published August04, 2011 | New Ordinances | 1239


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