[HISTORY: Adopted by the Borough Council of the Borough of Netcong 5-14-1996
by Ord. No. 96-4. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
The Mayor and Borough Council of the Borough of Netcong.
Any person, including any corporation or association of persons and
any agency or instrumentality of state or local government, who or which operates
or proposes to operate a rooming or boarding house.
The holder of title in fee simple to premises and any lessor or sublessor
of whom an operator is or proposes to become a sublessor in connection with
an application for a rooming or boarding house license, or for renewal thereof,
pursuant to this chapter.
Any rooming or boarding house licensed pursuant to N.J.S.A. 55:13B-1
et seq.
No rooming or boarding house shall be located or operated within the
Borough of Netcong without first having applied for and received from the
licensing authority a license for that purpose.
A.
Every application for a license to operate a rooming
or boarding house within the Borough of Netcong shall be made by the owner,
in writing, shall be duly sworn to by the operator and shall set forth:
(1)
The full name and address of the operator of the rooming
or boarding house in whose name such license is to be issued.
(2)
The location by street and number of the proposed rooming
or boarding house.
(3)
The full name and address of the owner of the premises
upon which such house is located.
(4)
What portion of the premises is intended to be used for
rooming or boarding house purposes.
(5)
The size of the house and the character of the material
of which it is constructed.
(6)
Whether or not the house is connected to the municipal
sewer system.
(7)
The number, location and dimensions of each sleeping
unit.
(8)
The number of windows in each sleeping unit.
(9)
The number of bathrooms on each floor.
(10)
The number and description of all bathing and shower
facilities on each floor.
(11)
The number of occupants provided for in each sleeping
unit.
[Amended 6-10-1997 by Ord.
No. 97-6]
Each application for a license to operate a rooming or boarding house
in the Borough of Netcong shall be filed with the Borough Clerk. Upon receipt
of the fully completed application and application fee, the Borough Construction
Official or his designee shall conduct an investigation to establish:
A.
That the premises are in compliance with all applicable
building, housing, health and safety codes and regulations;
B.
That the location of the premises will not, in conjunction
with the proximity of other rooming and boarding houses, lead to an excessive
concentration of such facilities in the Borough or a particular section thereof,
in accordance with the standards established in N.J.S.A. 40:52-14;
C.
That the owner or owners are 21 years of age or older,
citizens of the United States and residents of the State of New Jersey, and
never convicted, in this state or elsewhere, of a crime involving moral turpitude
or of any crime under any law of this state licensing or regulating a rooming
or boarding house and have never had a license required pursuant to N.J.S.A.
55:13B-1 et seq. revoked;
D.
That, if the owner or owners are a corporation, all officers and members of the board of directors of a corporation, and every stockholder holding 10% or more of the stock of the corporation, directly or indirectly having a beneficial interest therein, applying for a license have the same qualifications as set forth in Subsection C above;
E.
That the operator or proposed operator of the rooming
or boarding house meets the requirements for licensure by the Department of
Community Affairs;
F.
That the owner and operator, either individually or jointly,
have established sufficient guarantee of financial and other responsibility
to assure appropriate relocation of the residents of the rooming or boarding
house to suitable facilities in the event that the license is subsequently
revoke or its renewal denied; and
G.
That the owner has paid all municipal property taxes
due and owing on the rooming or boarding house, or in the case of an initial
application, the applicant has paid all municipal property taxes due and owing
on any other rooming or boarding house located within the Borough and owned
by the applicant, provided that the owner has received written notice of any
payment delinquency which has remained unpaid for more than 120 days.
[1]
Editor's Note: Former § 72A-5, Public hearing; notice required,
was repealed 7-8-1999 by Ord. No. 99-14.
[Amended 7-8-1999 by Ord.
No. 99-14]
A.
After completing the investigation authorized in § 230-4 of this chapter, the licensing authority shall determine whether to grant the license. A license, when issued, shall be valid for one year from the date of issuance and until such time as the licensing authority has acted upon an application for renewal, unless sooner terminated by revocation pursuant to § 230-7 of this chapter.
B.
Not later than the 60th day preceding the anniversary
date of issuance, the holder of a license shall make application to the licensing
authority for its renewal. Application for a renewal shall follow the same
procedure and requirements as prescribed for a new application.
A.
The licensing authority may revoke a license granted
under this chapter for any of the following reasons:
(1)
A finding that there was any misstatement of material
fact in the application upon which the license was issued.
(2)
The occurrence of any fact which, had it occurred and
been known to the licensing authority before issuance of the license, would
have resulted in the denial of the application.
(3)
Repeated violations or prolonged failure to correct any
violation of any applicable building, housing, health or safety code or regulations.
(4)
Refusal to allow access to any portion of the licensed
premises at all reasonable times, with or without advance notice, in order
that officers or agents of the licensing authority or any official charged
with enforcement within the municipality of any building, housing, health
or safety code or regulations applicable to the premises may determine compliance
with such codes or regulations.
(5)
Revocation by the Department of Community Affairs of
the operator's license or other authorization to operate a rooming or boarding
house on the premises.
(6)
Notification by the Department of Community Affairs that
the premises is not or is no longer suitable for operation of a rooming or
boarding house on the premises.
(7)
Failure or refusal to comply with any lawful regulation
or order of the licensing authority.
B.
A license shall not be revoked until five days' prior
notice of the grounds therefor has been served upon the licensee, either personally
or by certified mail addressed to the licensee at the licensed premises, and
a reasonable opportunity given to the licensee to be heard thereon.
A.
Upon a determination by the licensing authority to refuse
the granting or renewal of a license or to revoke a license, the licensee
affected shall be entitled to appeal to the Commissioner of the Department
of Community Affairs for a review of the licensing authority's determination.
The Commissioner shall have the authority to reverse the licensing authority's
determination if he concludes that the application was improperly denied or
the revocation was improperly imposed. Such review shall be in conformity
with the provisions of the Administrative Procedure Act, N.J.S.A. 52:14B-1
et seq.
B.
If an applicant for license renewal has made a timely
and sufficient application for renewal in accordance with the provisions of
this chapter, his license shall not expire until any appeals under this section
have been finally determined and disposed of.
A.
The yearly application fee for licensure of a rooming
or boarding house shall be $200. For each annual renewal, the fee for the
license shall be the same as the initial application fee.
B.
If the application for a rooming or boarding house is
denied by the licensing authority, 90% of the application fee shall be refunded
to the applicant. Ten percent of the application fee shall be retained by
the licensing authority to defray the expenses of the Borough in carrying
out the provisions of this chapter.
Each and every operator of a rooming or boarding house in the Borough
of Netcong shall provide and maintain a registry book, which shall contain
the name and home address of each roomer or boarder, the date of arrival and
departure and, if possessing or operating a motor vehicle, the make of vehicle
and the license number. Said registry book shall be permanently located at
said rooming or boarding house and shall be available at all times for inspection
by authorized representatives of the Borough.
The owner of any rooming or boarding house that is in lawful operation
on the date of enactment of this chapter shall apply for a license, as herein
provided, within 60 days after this chapter shall take effect. If the owner
of the premises applies for licensure as required herein, he shall be entitled
to continue in operation until a final determination is made upon his application.
