[HISTORY: Adopted by the Board of Commissioners of the City
of Union City by Ord. No. 1999-22 as § 13-18 of the 1996 Revised General Ordinances,
as amended through Ord. No. 2001-14. Subsequent amendments noted where applicable.]
A.
The City, pursuant to law, recognizes that there are residential
tenancies which constitute illegal occupancies due to building conditions,
which violate zoning and/or housing codes of the state and/or City,
causing relocation of tenants as well as demolition of premises which
are caused by substantial violations of state and City law.
B.
The existence of such issues requires the displacement of the building
tenants.
C.
In the event that displacement of the tenants results for any reason,
the building owner/landlord is liable to the tenants for relocation
costs.
D.
The City is authorized, pursuant to law, to establish a revolving
relocation assistance fund, out of which relocation assistance may
be paid to the displaced tenants in the event the owner fails to provide
same.
E.
All relocation assistance costs incurred by the City, pursuant to
law, shall be repaid by the owner/landlord of the building to the
City, and such repayments shall be deposited into the City's
revolving relocation assistance fund.
F.
In addition to requiring reimbursement for relocation assistance
paid to the displaced tenants from the building owner, the City shall
require that an additional fine for zoning and housing code violations
for illegal occupancies shall be imposed against the building owner/landlord
in an amount not to exceed six times the monthly rental paid by each
of the displaced persons, and such amount shall be deposited into
the City's revolving relocation assistance fund.
The City does hereby require that any tenant who receives a
notice of eviction, pursuant to N.J.S.A. 2A:18-61.2, as may be amended
and supplemented from time to time, that results from a zoning or
code enforcement activity for an illegal occupancy which the landlord
must correct, pursuant to N.J.S.A. 2A:18-61.1g, or as a result of
being cited by local or state housing inspectors or zoning officers,
and it is unfeasible to correct such illegal occupancy without removing
the tenant, shall be considered a displaced person and entitled to
relocation assistance in an amount equal to six times the monthly
rental paid by the displaced person. The owner/landlord of the structure/building
shall be liable for the payment of such relocation assistance.
A.
The City may pay relocation assistance from the City's relocation
assistance fund to any displaced person who has not received the required
payment from the owner/landlord of the structure at the time of eviction.
B.
All relocation assistance costs incurred by a municipality pursuant
to this chapter shall be repaid by the owner/landlord of the structure
to the municipality in the same manner as relocation costs are billed
pursuant to N.J.S.A. 20:4-4.1 and 20:4-4.2.
C.
All repayments shall be deposited into the City's relocation
assistance fund.
D.
The Community Development Agency pays for relocation expenses if
there is a fire or building code violation. Repayment shall be made
to the Community Development Agency for costs it pays.
[Added 5-21-2013]
A.
The City does hereby establish a relocation assistance fund into
which shall be deposited the following sums less any money required
to be repaid to the state. The sums to be deposited are:
(1)
Any relocation costs and the interest thereon paid by an owner of
real property who has been liable for a civil or criminal penalty
in the case of any displacement of persons by housing or construction
code enforcement pursuant to law.
(2)
Any sums realized by the City upon enforcement of the City's
liens or liquidation of any property acquired by virtue of enforcement
pursuant to law.
(3)
Any sums realized by the City relating to any relocation cost and
interest thereon upon enforcement or liquidation of any property acquired
by virtue of enforcement and collected pursuant to law.
B.
Money appropriated from this section shall be used by the City to
provide relocation assistance pursuant to law.
A.
The City, in addition to requiring reimbursement from the owner/landlord
of the structure for relocation assistance paid to a displaced tenant,
shall require that an additional fine for zoning or housing code violations
for an illegal occupancy, up to an amount to six times the monthly
rental paid by the displaced person, be paid to the City by the owner
of the structure.
B.
The City, after a hearing, may impose upon the owner/landlord, for
a second or subsequent violation for an illegal occupancy, a fine
equal to the annual tuition cost of any resident of the illegally
occupied unit attending a public school, which fine shall be recovered
in a civil action by a summary proceeding in the name of the City,
pursuant to N.J.S.A. 2A:58-10 et seq.
C.
The Municipal Court and the Superior Court shall have jurisdiction
of proceedings for the enforcement of the penalty provided by this
section, pursuant to N.J.S.A. 2A:18-61.1g.
For the purposes of this chapter only, the owner of a structure
shall exclude mortgagees in possession of a structure through foreclosure.
