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May 7, 2004
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College town mulls ‘animal house’ law
BY SHERRY CONOHAN
Staff Writer

WEST LONG BRANCH — A new ordinance being drafted by the Borough Council would require all rental units and their occupants to be registered with the borough.

The ordinance — aimed at preventing the development of any "animal houses," which are overcrowded, have unruly tenants or are not properly maintained — would make registration the responsibility of the owners.

The purpose as set forth in the draft ordinance is to ensure that residential rental units are properly maintained in accordance with the property maintenance and related codes and to protect the property and the health, safety and welfare of borough residents.

According to the draft, the ordinance would apply to all rentals after May 25. But the council members are discussing later dates, too.

The ordinance would require every owner of a rental unit — be it a person, corporation, partnership or other entity — to file with the borough a registration form for each unit in a building to be rented.

The owner also must report the name, age and gender of every tenant, including children, in each rental unit. This information is to be made available only to the construction official and to emergency service personnel.

Only people whose names are on file with the borough in the registration form submitted by an owner may occupy a rental unit.

The tenants must be registered every time there’s a change in occupancy.

Rental units would have to be inspected by a borough official before tenants move in to make sure they comply will all the laws. If a unit fails inspection, the owner must make all necessary repairs or corrections within the time allowed by code before a certificate of occupancy is issued and any tenant moves in. If not made in the time allowed, the owner will be found to be in violation of this ordinance and each day would constitute a separate violation.

An inspection officer may apply to the Municipal Court judge for a search warrant if complainant can provide a reasonable basis for believing that a nuisance or violation of the ordinance exists on the premises.

The ordinance asks for the name and address, along with day and evening telephone numbers, of each record owner. If no record owner is located in West Long Branch, the borough wants the name and address of a person who lives in Monmouth County who is authorized to accept notices from a tenant or borough representative on behalf of the owner.

In addition, the ordinance asks for the name, address and telephone numbers for the superintendent, janitor, custodian or other individual employed by the owner to provide regular maintenance service, if any.

It further requires the filing of the name, address and telephone number of someone who can be contacted in an emergency who has the authority to make emergency decisions concerning the rental property and any repair.

The owner also much specify the exact number of sleeping rooms contained in the rental unit and must submit a floor plan, which can be hand-drawn, identifying each room in the unit. The maximum number of occupants allowed in a unit must be posted in a conspicuous area in the unit.

A fee of $250 must be paid when each registration form is filed, but the total fee is not to exceed $5,000 per property or apartment complex.

A provision waiving the fee is made for the owner of a property who is 65 years old, resides in a unit of the property to be rented, and would otherwise qualify under the state property tax deductions.

The proposed fines for violations are $500 for a first offense, $1,000 for a second offense, and $1,500 for a third or subsequent offense. There also is an option for sentencing up to 90 days in jail or 90 days of community service.