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Bayonne City Zoning Code

§ 35-4.30

Unlawful Residential Occupancies.

[Added 4-17-2024 by Ord. No. O-24-23]
a. 
Purpose and Intent.
1. 
It has been brought to the attention of the City of Bayonne Zoning Officer and/or the City of Bayonne Fire Official that there are a number of unlawful residential occupancies within the City of Bayonne and that said unlawful residential occupancies continue to exist within the City of Bayonne.
2. 
The purpose of this subsection is to discourage and penalize real estate property owners from operating and creating or, by way of failing to inspect, maintain or care for the property on a regular basis, permitting the operation or creation of an apartment contrary to Building and Housing Codes (Chapter 15), Fire Prevention and Protection Codes (Chapter 19), Planning and Development Regulations (Chapter 33) and/or Zoning Regulations (Chapter 35) or any other applicable state, county or municipal regulation and to take the appropriate action to eliminate or legalize said unlawful residential occupancies.
3. 
The Bayonne City Council finds that such unlawful residential occupancies are a detriment to the citizens of the City of Bayonne and that abating these violations promotes the general health, welfare and safety of the citizens of Bayonne.
4. 
Eliminating the number of unlawful residential occupancies in the City of Bayonne requires enforcement and the imposition of stringent penalties for offenders, especially repeat offenders.
b. 
Prohibited Acts.
1. 
No person shall: (1) lease nor offer to lease; or (2) rent nor offer to rent; or (3) collect rent nor lease payments; or (4) barter for services in lieu of rent or lease payments; or (5) permit occupancy by any other tenant(s) or other person(s) of any "illegal dwelling unit" as defined herein;
2. 
No person shall: (1) lease nor offer to lease; or (2) rent nor offer to rent; or (3) collect rent nor lease payments; or (4) barter for services in lieu of rent or lease payments; or (5) permit occupancy of any "cubicle" as defined herein.
c. 
Definitions. As used in this subsection:
CUBICLE
Shall mean one or more rooms occupied or intended for occupancy with sleeping facilities, but without one or more of the requirements of a "dwelling unit" as defined herein.
DWELLING UNIT
Shall mean one or more rooms designed, occupied or intended for occupancy as separate living quarters for one family with access directly from the outside of the building or through a common hall or passageway and for which separate cooking, sleeping and sanitary facilities are provided within the dwelling unit for the exclusive use of the occupants.
ILLEGAL DWELLING UNIT
Any one of the following shall constitute an illegal apartment or unit:
1. 
An apartment or unit for which no certificate of occupancy has been issued; or
2. 
An apartment or unit, which would exceed the number of units permitted under the Zoning Regulation, Building and Housing Code or under any of the conditions of any approvals granted by the Planning Board or Zoning Board of Adjustment of the City; or
3. 
An apartment or unit which fails to meet the requirements of any Fire Code affecting the health, safety and welfare of the general public; or
4. 
An apartment or unit that fails to meet the requirements of the State of New Jersey Housing Law; or
5. 
An apartment or unit wherein the owner permitted occupancy without obtaining the required plumbing, electrical or building permits; or
6. 
Any other apartment or unit deemed by any governmental agency or by judicial decree to be in violation of any state, county or municipal regulation.
OWNER/PERSON
Shall mean the fee owner, individual, whether a natural person, corporation, copartnership, corporation having sufficient property interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same, company, association, society, firm, syndicate, partnership or joint-stock company, limited-liability company, executor, administrator, trustee, receiver, or guardian of the estate of the title holder or the mortgagee in possession, the State and all political subdivisions of the State or any agency or instrumentality thereof or other entity or any other natural person, corporation, limited liability company with authority or apparent authority to lease, rent or authorize occupancy from the fee owner.
TENANT
Any person residing or occupying with the consent of the owner in an apartment or unit of housing space. Any person in possession of an apartment or unit of housing space by way of owner's failure to inspect, maintain or care for the property.