[Adopted by the Common Council of the City of Linwood 9-12-2018 by Ord. No. 20-2018. Amendments noted where applicable.]
It shall be unlawful for an owner, lessor, sublessor, any other
person(s) or entity(ies) with possessory or use rights in a dwelling
unit, their principals, partners or shareholders, or their agents,
employees, representatives and other persons or entities acting in
concert, or a combination thereof, to receive or obtain actual or
anticipated consideration for soliciting, advertising, offering, and/or
permitting, allowing, or failing to discontinue the use or occupancy
of any dwelling unit, as defined herein, for a period of 30 days or
less.
A.Â
Nothing in this chapter will prevent the otherwise lawful occupancy
of an entire dwelling unit for a rental period of more than 30 days.
However, rental of a room or a portion of the premises for any term
is not permitted.
As used in this chapter, the following terms shall have the
meanings indicated:
Any form of solicitation, promotion, and communication for
marketing, used to solicit, encourage, persuade, or manipulate viewers,
readers, or listeners into contracting for goods and/or services in
violation of the provisions of this chapter, as same may be viewed
through various media including, but not limited to, newspapers, magazines,
flyers, handbills, pamphlets, commercials, radio, direct mail, internet
websites, or text or other electronic messages for the purpose of
establishing occupancies or uses of rental property, for consideration,
which are prohibited by this chapter.
Soliciting, charging, demanding, receiving or accepting any
legally recognized form of consideration including a promise or benefit,
a quid-pro-quo, rent, fees, other form of payment or thing of value.
Any structure, or portion thereof, whether furnished or unfurnished,
which is occupied in whole or in part, or intended, arranged or designed
to be occupied, for sleeping, dwelling, cooking, gathering and/or
entertaining, as a residential occupancy, by one or more persons.
This definition includes an apartment, house, condominium, building,
co-operative, converted space, or portions thereof, that is offered
to use, made available for use, or is used for accommodations, lodging,
cooking, sleeping, gathering and/or entertaining of occupants and/or
guests, for consideration, for a period of 30 days or less.
Constitutes a family-type situation, involving one or more
persons, living together that exhibit the kind of stability, permanency
and functional lifestyle equivalent to that of a traditional family
unit, as further described in the applicable reported and unreported
decisions of the New Jersey Superior Court.
Any individual using, inhabiting, living, gathering, entertaining,
being entertained as a guest, or sleeping in a dwelling unit, or portion
thereof, or having other permission or possessory rights within a
dwelling unit.
Any person or entity, association, limited-liability company,
corporation, or partnership, or any combination, who legally use,
possess, own, lease, sublease or license (including an operator, principal,
shareholder, director, agent, or employee, individually or collectively)
that has charge, care, control or participates in the expenses and/or
profit of a dwelling unit pursuant to a written or unwritten agreement,
rental, lease, license, use, occupancy agreement or any other agreement.
An individual, firm, corporation, association, partnership,
limited-liability company, association, entity and any person and/or
entity acting in concert or any combination thereof.
The use of a dwelling unit by one or more occupants.
The residential occupancy of an otherwise lawful occupied dwelling
unit for a period of 30 days or less by a person who is a member of
the housekeeping unit of the owner, without consideration, such as
houseguests, is permitted.
It shall be unlawful to advertise, solicit or promote by any
means or actions in violation of this chapter.
A.Â
The provisions of this chapter shall be enforced by the Zoning Official,
Building Code or Subcode official or by any other City official or
employee so designated by the Mayor and/or Council.
B.Â
A violation of this chapter is hereby declared to be a public nuisance,
a nuisance per se, and is hereby further found and declared to be
offensive to the public health, safety and welfare.
C.Â
Any person found to have violated any provision of this chapter,
without regard to intent or knowledge, shall be liable for the maximum
civil penalty, upon adjudicated violation or admission, of a fine
not exceeding $1,000. Each day of such violation, after receiving
written notice of same, shall be a new and separate violation of this
chapter.
D.Â
The penalty imposed herein shall be in addition to any and all other
remedies that may accrue under any other law.
