Editor's Note: See also Chapter X, Property Maintenance Section 10-3, Housing and Property Maintenance Standards.
[Ord. No. 94-597 § 1]
The Borough Council finds, determines and declares that:
a.
Lake Como is a resort community and its citizens have experienced
disturbances, damage and public expense resulting from carelessly
granted and inadequately supervised seasonal rentals to irresponsible
vacationers by inept or indifferent landlords.
b.
This section is enacted to preserve the peace and tranquility of
the community for its permanent residents, and to maintain the municipality
as a viable vacation resort for all persons and families availing
themselves of the facilities in the community.
c.
The enactment of this section is necessary and desirable to provide
a means to curb and discourage those occasional excesses arising from
irresponsible seasonal rentals.
d.
The Legislature of the State of New Jersey enacted N.J.S.A. 40:48-2.12n
et seq. to enable certain communities to take effective action to
assure that excesses, when they occur, shall not be repeated, and
that landlords offering seasonal rentals be held to sufficient standards
of responsibility.
[Ord. No. 94-597 § 2]
As used in this section:
shall mean a licensed attorney of the State of New Jersey
appointed by the Mayor, subject to the advice and consent of the Borough
Council. The hearing officer shall not own or lease any real property
within the Borough of Lake Como nor hold any interest in the assets
of or profits arising from the ownership of such property.
shall mean the person or persons who own or purport to own
any building in which there is rented or offered for rent housing
space for living or dwelling under either a written or oral lease,
including but not limited to any building subject to the "Hotel and
Multiple Dwelling Law," N.J.S.A. 55:13A-1 et seq.
shall mean any rental of residential accommodations for a
term of less than one (1) year and including any part of the period
extending from May 15 to September 15.
shall mean an act of disorderly, indecent, tumultuous or
riotous conduct, including by way of example, but not limited to,
simple assault, terroristic threats, harassment, urinating in public,
lewdness, criminal mischief, excessive noise, petty disorderly offense
or as a violation of any provision of Title 2C of the New Jersey Statutes
or any other municipal ordinance governing disorderly conduct upon
or in proximity to any seasonal rental premises, and attributed to
the acts or incitements of any of the tenants of those premises which
have been substantiated by prosecution and conviction and/or guilty
plea in any court of competent jurisdiction. For purposes of this
definition, the phrase "upon or in proximity to" shall mean anywhere
on the property or upon or within the adjacent right-of-way, adjoining
roadways or adjoining properties.
[Amended 12-15-2020 by Ord. No. 2020-952]
[Ord. No. 94-597 § 3]
a.
If, in any twenty-four-month period, two substantiated complaints, as defined in subsection § 11-1.2 hereof, on separate occasions, of disorderly, indecent, tumultuous or riotous conduct, including by way of example, but not limited to, simple assault, assault, terroristic threats, harassment, lewdness, urinating in public, criminal mischief, excessive noise, a petty disorderly offense, or as a violation of any provision of Title 2C of the New Jersey Statutes or any other municipal ordinance governing disorderly conduct upon or in proximity to any seasonal rental premises, and attributable to the acts or incitements of any of the tenants of those premises, have been substantiated by prosecution and conviction in any court of competent jurisdiction, the Borough Council or any officer or employee of the Borough so designated by the Borough Council for this purpose may institute proceedings to require the landlord of the seasonal rental premises to post a bond against the consequences of future incidents of the same character, or of a character actionable under this chapter. For purposes of this definition, the phrase "upon or in proximity to" shall mean anywhere on the property or upon or within the adjacent right-of-way, adjoining roadways or adjoining properties.
[Amended 12-15-2020 by Ord. No. 2020-952]
b.
The Borough Council or any officer or employee of the Borough designated
by the Borough Council shall cause to be served upon the landlord,
in person or by registered mail, to the address appearing on the tax
records of the municipality, notice advising of the institution of
such proceedings, together with particulars of the substantiated complaint
upon which those proceedings are based, and of the time and place
at which the hearing will be held in the matter, which shall be in
the Municipal Building, Building Court or such other public place
as designated by the Borough Council, and which shall be no sooner
than 30 days from the date upon which the notice is served or mailed.
c.
At the hearing convened pursuant to paragraph b above, the hearing
officer shall give full hearing to both the complaint of the municipality
and to any evidence in contradiction or mitigation that the landlord,
if present or represented and offering such evidence, may present.
At the conclusion of the hearing the Hearing Officer shall determine
whether the landlord shall be required to post a bond in accordance
with the terms of this section.
d.
Any bond required to be posted shall be in accordance with the hearing
officer, in light of the nature and extent of the offenses indicated
in the substantiated complaints upon which the proceedings are based,
to be adequate in the case of subsequent offenses to make reparation
for:
1.
Damages likely to be caused to public or private property and damages
consequent upon disruption of affected residents' rights of fair use
and quiet enjoyment of their premises; and
2.
Securing the payment of fines and penalties likely to be levied for
such offenses; and
3.
Compensating the municipality for the costs of repressing and prosecuting
such incidents of disorderly behavior; provided however, no such bond
shall be in an amount less than $500 nor more than $5,000. The Borough
may enforce a bond thus required in the Superior Court, and shall
be entitled to an injunction prohibiting the landlord from making
or renewing any lease of the affected premises for residential purposes
until that bond or equivalent security, in satisfactory form and amount,
has been deposited with the municipality.
e.
Any bond or other security deposited in compliance with paragraph d. above shall remain in force for a period of four years. Upon the lapse of the four-year period, the landlord shall be entitled to the discharge of the bond, unless prior thereto further proceedings leading to a forfeiture or partial forfeiture of the bond or other security shall have been had under subsection 11-1.4 below, in which case the security shall be renewed in an amount and for a period that shall be specified by the hearing officer. A transfer of ownership or control of the property shall not void a requirement for security imposed under this section. The person or persons to whom ownership or control is transferred shall maintain that security and shall be subject to injunctive proceedings as authorized by paragraph d. above in the same manner as the landlord upon which the requirement was originally imposed; provided however, the Borough Council may by Resolution shorten the period for which security is required to not less than one year from the date of the transfer of ownership or control, if during that year no substantiated complaints are recorded with respect to the property in question.
[Ord. No. 94-597 § 4]
a.
If during the period for which a landlord is required to give security pursuant to subsection 11-1.3 above, a substantiated complaint is recorded against the property in question, the Borough Council or its designee may institute proceedings against the landlord for the forfeiture or partial forfeiture of the security, for an extension as provided in subsection 11-1.3e above, of the period for which the security is required, or for increase in the amount of security required, or for any or all of those purposes.
b.
Any forfeiture or partial forfeiture of security shall be determined by the hearing officer solely in accordance with the amount deemed necessary to provide for the compensatory purposes set forth in subsection 11-1.3d above. Any decision by the hearing officer to increase the amount or extend the period of the required security shall be determined in light of the same factors set forth in subsection 11-1.3d above, and shall be taken only to the extent that the nature of the substantiated complaint or complaints out of which proceedings arise under this section indicates the appropriateness of such change in order to effectually carry out the purposes of this section. The decision of the hearing officer in such circumstances shall be enforceable in the same manner as provided in subsection 11-1.3d above.
[Ord. No. 1998-656 § 5-1.2f;
New]
a.
A license is required to rent any dwelling unit in the Borough of
Lake Como. All rentals shall comply with this section.
[Ord. No. 1998-656; Ord. No. 2009-839; amended 12-5-2017 by Ord. No. 2017-927]
As used in this section:
The certificate of inspection that is required for all rentals
for any time period between October 1 and March 31.
shall mean the Certificate of Inspection that is required
for all rentals for any time period between April 1 and September
30.
[Ord. No. 1998-656 § 5-13.1; Ord. No. 2009-839]
A Summer Rental License issued by the Code Enforcement Officer shall be required prior to the occupancy of any real property rented for a term of less than 175 consecutive days for residential purposes by a person having a permanent place of residence elsewhere. Subject to the provisions of subsection 11-2.1, a new license shall be required whenever there is a change in the identity of any of the tenants or occupants of the premises.
It shall be a violation of this Code for any person to occupy
or use any premises if a required Certificate of Inspection has not
been issued.
[Ord. No. 1998-656 § 5-13.3]
Every individual dwelling unit meeting the requirements of subsection 11-2.1 shall require a separate Summer Rental License.
[Ord. No. 1998-656 § 5-13.4]
Summer Rental Licenses shall be valid for a stated and specific
period of time that coincides with the term of the lease or rental
not to exceed 174 days; provided, however, that applicants who intend
to use premises for short term rentals to different tenants during
a given period of time of less than 175 days shall apply for a new
Summer Rental License for each new tenant. Any combination of summer
licenses shall not exceed 174 days.
[Ord. No. 1998-656 § 5-13.5]
Applications for Summer Rental Licenses shall be made in writing,
on forms prescribed by the Code Enforcement Officer and signed by
the owner of the premises or the owner's authorized agent. The Code
Enforcement Officer may require proof of agency. Applications for
Summer Rental Licenses shall not be deemed complete by the Code Enforcement
Officer unless the applicant:
a.
Fully completes the form required by the Code Enforcement Officer
for such applications, which shall include at a minimum, the following
information:
1.
The street address and the tax map lot and block numbers of the premises.
2.
The names and mailing addresses and numbers of all owners of the
premises.
3.
The name, mailing address, and daytime telephone number of the person
signing the application.
4.
The names and mailing addresses of all tenants and of all adult persons
who are expected to occupy the dwelling unit whether or not they are
tenants. The applicant shall also provide the dates when there will
be any change in the identity of the tenants or occupants. For Summer
Rental Licensed dwelling units containing five or more persons, one
tenant shall be designated for the purposes of receiving all notices
as to violations or notices generally applicable to the dwelling unit.
b.
Provides proof of payment of taxes, assessments, and water/sewer
pursuant to N.J.S.A. 40:52-1.2.
c.
Provides the information required where applicable under Chapter
IV, General Licensing.
d.
Provides a copy of the lease agreement executed by all adult persons
who will occupy the dwelling unit; provide, that the rent amount may
be redacted. The copy shall be certified by the Applicant to be true
and correct and to contain the entire agreement between the landlord
and the tenants, except as to the redacted financial information.
e.
Provides an affidavit executed by each of the persons who will occupy
the dwelling unit stating whether the other address is his or her
permanent address, providing a copy of proof of identification and
additional information as the Code Enforcement Officer may reasonably
require.
f.
Provides, in connection with the first application for a Summer Rental
License annually, a floor plan of the dwelling unit proposed to be
licensed, in a form satisfactory to the Code Enforcement Officer accurately
depicting the locations of the bedrooms, kitchen, bathrooms and other
rooms in the dwelling unit, and all routes of ingress and egress;
provided, however, that nothing contained herein shall be construed
to require that the floor plan be prepared by an architect or other
licensed professional.
All information and documentation required to be provided pursuant
to this section shall be deemed material. Any person who knowingly
or grossly negligently misstates any fact therein shall be subject
to criminal prosecution. Any Summer Rental License that is issued
on the basis of false information or documentation shall be subject
to revocation.
[Ord. No. 1998-656 § 5-13.6; Ord. No. 2009-839]
No Summer Rental License shall be issued by the Code Enforcement
Officer unless the dwelling unit or premises, as appropriate, has
first been inspected and determined to be in full compliance with
the Code, and the requirements of this chapter. No temporary or conditional
Certificates of Inspection or conditional licenses shall be issued
in connection with any Summer Rental License.
[Ord. No. 1998-656 § 5-13.7]
Upon completion of any inspection, the Code Enforcement Officer
or his designee shall prepare a report listing and describing all
violations of this Code within five working days. The report shall
describe, where appropriate, any corrective remedies that must be
taken for the premises or dwelling unit to comply with the Code. The
report shall contain the following:
IT IS ILLEGAL TO OCCUPY OR USE, OR TO PERMIT THE OCCUPANCY OR
USE OF, THESE PREMISES UNLESS AND UNTIL A LICENSE HAS BEEN ISSUED
BY THE CODE OFFICIAL. IF ANY VIOLATIONS ARE NOTED, IT IS THE APPLICANT'S
RESPONSIBILITY TO MAKE THE NECESSARY CORRECTIONS AND TO APPLY FOR
A REINSPECTION.
[Ord. No. 1998-656 § 5-13.8]
The Code Enforcement Officer or his designee shall inspect the
dwelling unit or premises to be licensed according to the following
schedule:
a.
Initial Inspections. For completed applications that are filed before
May 1, the inspection shall occur within five business days. For completed
applications that are filed after May 1, the inspection shall occur
within 10 business days. The Code Enforcement Officer shall, to the
extent practicable, schedule inspections in the order in which the
completed applications are filed.
b.
Reinspections. When the inspection report required pursuant to subsection 11-2.9 describes corrective remedies that must be taken for the premises or dwelling unit to comply with the Code, the applicant shall be required to contact the Code Enforcement Officer to schedule a reinspection of the premises or dwelling unit. For requests for reinspection that are made before May 1, the reinspection shall be conducted within three business days. For requests for reinspection that are made on or after May 1, the reinspection shall be conducted within five business days. For each reinspection of a premises or dwelling unit that occurs after the first reinspection, the next required reinspection will be conducted within five business days after the receipt by the Code Enforcement Officer of the reinspection fee required by subsection 11-2.14.
c.
Conditions of Inspection and Reinspection. The Code Enforcement Officer shall not inspect any dwelling unit for purposes of issuing a Summer Rental License during a period it is occupied by another tenant, regardless of whether the tenant is present at the time of the inspection; provided, however, that notwithstanding this provision, the Code Enforcement Officer shall inspect for purposes of issuing a Summer Rental License those dwelling units that are subject to the restriction set forth in subsection 11-2.5 regardless of whether they are occupied by another tenant, and shall reschedule any reinspection for as soon as reasonably practicable following the vacation of the premises by the tenants with school aged children.
[Ord. No. 1998-656 § 5-13.9]
The original of any inspection or reinspection reports shall
be filed with the Code Enforcement Officer. The Code Enforcement Officer
shall provide legible copies to the person who executed the application.
All inspection and reinspection reports shall be available for public
inspection.
[Ord. No. 1998-656 §§ 5-14.1,
5-14.2; Ord. No. 2007-803]
Any person or persons violating any provisions of the Rental Housing Code shall, upon conviction, be subject to a fine as stated in Chapter I, Section 1-5, General Penalty.
[Ord. No. 1998-656 § 5-12.3]
Any person or entity which fails to comply with the Property
Maintenance Code shall receive written notice sent by certified mail
that a violation of the Property Maintenance Code has occurred. The
written notice shall specify the particular violation. The person
or entity shall have 10 days from the date of receipt of the notice
to cure the violation or file a written objection of the Notice with
the Borough Clerk. The Borough of Lake Como reserves the right to
file a Complaint in Municipal Court regarding the violation when an
objection is received. In such cases, a copy of the Complaint shall
be served upon the appropriate person or entity in accordance with
the Court Rules of the State of New Jersey. In the alternative, the
Borough of Lake Como may appoint a Hearing Officer to resolve the
matter rather than filing a complaint in Municipal Court. The Hearing
Officer shall be a licensed attorney of the State of New Jersey who
is appointed by the Mayor, subject to the advice and consent of the
Borough Council. The Hearing Officer shall not own or lease any real
property within the Borough of Lake Como, nor hold any interest in
the assets of or profits arising from the ownership of such property.
The Hearing Officer shall schedule a hearing to resolve the complaint
and objection thereto in a public place as designated by the Borough
Council at least 30 days from the date upon which the notice is served,
but not more than 45 days from such date. The Housing Officer shall
give a full hearing to both the Complaint and to any evidence in contradiction
or mitigation thereof provided the objector or a legal representative
therefor appears at the hearing. At the conclusion of the hearing,
the Hearing Officer shall make a determination with respect to the
violation(s) presented. An appeal may be filed in accordance with
the provisions of Due Process and the applicable ordinance or regulation.
In the event that the person or entity fails to cure the violation
or to file an objection, a fine, of not less than $1,000, shall be
imposed.
[Ord. No. 1998-656 § 5-16.2]
The Code standards and regulations shall be in addition to the
provisions of any other applicable ordinance, law, rule or regulation.
Nothing in this Code shall be construed to impair or prevent the enforcement
of any other ordinance, law, rule or regulation.
[Ord. No. 2009-839; amended 2-16-2016 by Ord. No. 2016-909; 12-5-2017 by Ord. No.
2017-927; 4-4-2023 by Ord. No. 2023-3]
The Code Enforcement Officer shall charge and collect the following
fees:
a.
For applications for certificates of inspection including summer rental licenses pursuant to § 9-4.1: $120 per dwelling house or unit, plus a $100 tourism fee.
b.
For applications for certificates of inspection for each change in
the occupancy of a summer rental: $75 per dwelling house or unit,
plus a $50 tourism fee.
c.
Self-inspection fee option: A summer rental licensee or off-season
licensee, having obtained a rental license and received a satisfactory
certificate of inspection may pay a bi-annual self-inspection fee
of $150 per dwelling house or unit, plus a $100 tourism fee. Upon
any change in occupancy, the licensee shall complete and file a certificate
of self-inspection form, which is available in the Borough's offices.
No further reinspection fees are required during the summer or off-season
rental period for which the fee is paid.
[Ord. No. 2007-805]
a.
No bedroom door in any rental dwelling unit shall be equipped with
a padlock, combination, or keyed lock that is designed or intended
to be locked from the outside of the bedroom.
b.
The smoke detectors in every rental dwelling unit shall be in working
order at all times.
c.
Each structure that contains one or more rental dwelling units having
a combined maximum permitted occupancy of eight persons or more, shall
meet or exceed the following requirements:
1.
Every interior common area in the structure shall be equipped with
an approved smoke detection system, which system shall be powered
by an alternate current ("AC") constantly active electric circuit
that cannot be deactivated by the operation of any interconnected
switching device and shall comply with NEPA 70-2005 (National Electrical
Code) requirements;
2.
Every structure containing sleeping rooms on a third floor or higher,
which floor is located more than 16 feet above the ground, must have
an approved fire escape in addition to an approved means of egress;
3.
All doors in the structure opening onto a passageway at grade or
exit stair shall be self-closing device;
4.
All corridor doors in the rental dwelling unit shall be at least
one-and-three-eighths-inch solid core wood or approved equal with
approved door closers and shall not have any glass panels, other than
approved wire glass in metal frames. Corridor doors shall not be constructed
of hollow core wood, shall not contain louvers and shall not be of
panel construction. Doors shall fit both plumb and level in frames,
and be reasonably tight fitting. All replacement doors shall be one-and-three-fourths-inch
solid core wood or approved equal, unless existing frame will accommodate
only a one-and-three-eighths-inch door, and;
d.
No curtains, sheets, cardboard or any other material of any kind
shall be used to erect temporary partitions between beds or sleeping
areas in any rental dwelling unit.
Any violations of this subsection shall be subject to fines
and/or imprisonment as contained in the general penalty section of
the Lake Como Borough Ordinances.
In addition to the foregoing, the Code Official immediately,
upon discovering any violation of paragraphs a., b., c. or d. of this
subsection, or any other condition or hazard that creates a health
or fire hazard to the occupants of the property, order that the rental
dwelling unit be vacated, and shall placard the same, and shall prohibit
reoccupancy of the premises until such time as the unsafe condition
has been corrected and the Borough Fire Inspector has reinspected
the property and determined that the unsafe condition has been corrected
and that the property is otherwise safe from fire and other hazards.
Other provisions of this Code shall govern reinspections pursuant
to this subsection.
[Ord. No. 1998-656 § 5-17.1]
The Borough Council finds, determines and declares that:
a.
The New Jersey Legislature has, pursuant to N.J.S.A. 40:52-1(n),
effective on January 8, 1998, specifically authorized municipalities
to license and regulate the "rental of real property for a term of
less than 175 consecutive days for residential purposes by a person
having a permanent place of residence elsewhere." This statute was
enacted to assist shore-area municipalities in controlling seasonal
rentals, and in preserving the quality of life for year-round residents.
b.
Lake Como is a resort community which experiences an enormous influx
of visitors, each summer, many of whom seek to rent temporary accommodations
while continuing to maintain a permanent residence elsewhere.
c.
Because of the great demand for seasonal accommodations in Lake Como,
seasonally rented accommodations are frequently overcrowded by tenants
and other occupants who often permit many more occupants in the premises
than authorized by this Code.
d.
The overcrowding of seasonal rental accommodations in Lake Como frequently
results in conditions that are extremely unsafe to the inhabitants
of those premises.
e.
Seasonal rental accommodations in Lake Como are also frequently detrimental
to the health, safety, welfare and quality of life of other nearby
residents and visitors. Problems frequently associated with seasonal
and rental accommodations include excessive noise, unruly behavior,
littering, parking of vehicles on lawns, poor maintenance of the property
and grounds and violation of trash collection ordinances. Many of
these problems are exacerbated by excessive occupancy.
f.
Seasonal rental accommodations in Lake Como also contribute to significant
overcrowding in the community and a shortage of on-street parking
spaces. The overcrowded parking conditions lead to unlawful parking
at intersections and near fire hydrants, which threaten public safety.
g.
Seasonal rental accommodations in Lake Como are also detrimental
to the school-aged children of families who rent those same premises
during the winter season. Because the summer rental season typically
runs from May 15 to September 15 of each year, families with school-aged
children who inhabit many of these rental properties during the winter
months must move out of Lake Como at least a month or more before
the end of the school year. Some of these children do not finish the
school year either in Lake Como or at all, while others suffer chronic
tardiness or absenteeism during the period after they must move out
of Lake Como. This has a detrimental effect on both these children
and the quality of the education afforded to all the children in the
Lake Como School District.
[Ord. No. 1998-656 § 5-17.2]
No dwelling unit that is rented for any portion of the period
from September 15 until May 15 to tenants with one or more children
between the ages of six and 17, inclusive, shall thereafter be occupied
pursuant to a Summer Rental License until the third day following
the last day of the academic year for the Lake Como Elementary School
as determined by the Superintendent of the Lake Como School District.
[Ord. No. 1998-656 § 5-17.4]
a.
No bedroom door in any Summer Rental Licensed dwelling unit shall
be equipped with a padlock, combination, or keyed lock that is designed
or intended to be locked from outside of the bedroom.
b.
The smoke detectors in every Summer Rental Licensed dwelling unit
shall be in working order at all times.
c.
No beds, mattresses, futons, or sleeping bags shall be permitted
in any basement, cellar, loft or any other location or room of a Summer
Rental Licensed dwelling unit unless the room is specifically designated
as a bedroom in the records of the Lake Como Housing Department. No
curtains, sheets, cardboard or any other material of any kind shall
be used to erect temporary partitions between beds or sleeping areas
in any Summer Rental Licensed dwelling unit.
[Ord. No. 1998-656 § 5-17.7]
It shall be a violation of this Code for any tenant of a Summer
Rental Licensed dwelling unit to sell, lease or otherwise accept payment
in exchange for a "share" or other partial interest in the lease of
a Summer Rental Licensed dwelling unit, or for the right to occupy
that dwelling unit. The Summer Rental License of a dwelling unit in
which "shares" have been purchased or sold shall be subject to revocation
for the remainder of the season.
[Ord. No. 1998-656 § 5-17.8]
It shall be unlawful for any person between the hours of 1:00
a.m. and 8:00 a.m. to sleep outdoors on premises containing a Summer
Rental Licensed dwelling unit or on a porch, deck, balcony or other
exterior portion of any structure located on premises containing a
Summer Rental Licensed dwelling unit, or in a vehicle parked on such
premises.
[Ord. No. 1998-656 § 5-17.9]
In the event that any provision(s) of this Chapter XI is stricken
by a Court for any reason, the remaining provisions of Chapter XI
and the remainder of the Code shall remain valid and in full force
and effective notwithstanding the stricken provision(s).
[Ord. No. 1998-656 § 5-18]
a.
Application for a license under this chapter shall be made by the owner to the Code Enforcement Officer. The application shall be in such form, and shall contain such information and declarations as reasonably required by the Code Enforcement Officer. It shall be the responsibility of the applicant owner to obtain such information and to exercise due care and diligence to assure its completeness and accuracy. The application information required from the owner and operator shall be duly sworn to by the operator in order to form a valid part of the application. The application shall be accompanied by the application fee set forth in Section 11-2.
b.
An application filed pursuant to paragraph a. of this subsection
shall include a deposit in the full amount of the prescribed application
fee, of which 90% shall be refunded if the application is denied,
and 10% retained and employed in defraying the expenses of the Borough
of Lake Como in processing the application.
c.
All applications by a natural person, partnership or unincorporated
association of natural persons shall be duly sworn to by each of the
applicants. An application by a corporation shall be duly sworn to
by the president or vice president of the corporation. All statements
in an application shall be deemed material, and any person who knowingly
misstates any material fact therein shall be guilty of a crime of
the fourth degree.
[Ord. No. 1998 § 51-19]
a.
A licensing authority may revoke or refuse to renew a license granted
under this act 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 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 Borough of Lake Como of any building,
housing, health or safety code or regulations applicable to the premises
may determine compliance with such codes, regulations, or ordinances.
5.
In the
event any tenant or occupant of any individual living unit upon the
licensed premises is charged with a violation of a Borough ordinance
that would constitute a substantiated complaint if a conviction or
guilty plea was entered, notice of the pending charge will be given
by mail to the licensee and the person designated to receive notices
on the behalf of the licensee's behalf. In the event two such complaints
are issued during one licensing year and result in convictions and/or
guilty pleas in Municipal Court, then such convictions and/or guilty
pleas may be grounds for suspension or revocation of the license.
In the event the owner of the licensed premises is the complaining
party and said complaint results in a conviction in municipal court,
such conviction shall not be counted as a complaint for purposes of
license suspension or revocation.
[Amended 12-15-2020 by Ord. No. 2020-952]
[Ord. No. 1998 § 5-20]
Upon determination by a 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 Governing Body pursuant to N.J.S.A.
52:14B-1 et seq.
[Added 5-17-2022 by Ord.
No. 2022-974]
As used in this section, the following terms shall have the
meanings indicated:
A room, group of rooms, or other living or sleeping space
for the lodging of occupants, including, but not limited to, residences
or buildings used as residences that is obtained through a transient
space marketplace. "Transient accommodation" does not include: a hotel
or hotel room; a room, group of rooms or other living or sleeping
space used as a place of assembly; a dormitory or other similar residential
facility of an elementary or secondary school or a college or university;
a hospital, nursing home, or other similar residential facility of
a provider of services for the care, support and treatment of individuals
that is licensed by the state; leases of real property with a term
of at least 90 consecutive days; a campsite, cabin, lean-to, or other
similar residential facility of a campground or an adult or youth
camp; a furnished or unfurnished private residential property, including,
but not limited to, condominiums, bungalows, single-family homes and
similar living units, where no maid service, room service, linen changing
service or other common hotel services are made available by the lessor
and the rental transaction is executed by a real estate broker licensed
by the New Jersey Real Estate Commission pursuant to N.J.S.A. 45:15-1
et seq. and where the keys to the property, whether a physical key,
access to a keyless locking mechanism, or other means of physical
entrance to the property, are provided to the lessee at an off-site
location of the real estate broker; or leases of real property with
a term of at least 90 consecutive days.
A marketplace or travel agency through which a person may
offer transient accommodations or hotel rooms to customers. A "transient
space marketplace" allows transient accommodations or hotel rooms
to be advertised or listed through an online marketplace in exchange
for consideration or provides a means for a customer to arrange for
the occupancy of the transient accommodation or hotel room in exchange
for consideration. A "transient space marketplace" shall not include
an online marketplace operated by or on behalf of a hotel or hotel
corporation that facilitates customer occupancy solely for the hotel
or hotel corporation's owned or managed hotels and franchises.
[Added 5-17-2022 by Ord.
No. 2022-974]
There is hereby established a hotel room and transient accommodation
occupancy tax in the Borough of Lake Como which shall be fixed at
a uniform percentage rate of 3% on charges of rent for every occupancy
of a hotel room or transient accommodation in the Borough of Lake
Como procured through a transient space marketplace which is subject
to taxation pursuant to N.J.S.A. 54:3B-3(d).
[Added 5-17-2022 by Ord.
No. 2022-974]
In accordance with the requirements of N.J.S.A. 40:48F-2:
a.
All taxes imposed by this section shall be paid by the purchaser.
b.
A vendor shall not assume or absorb any tax imposed by this section.
c.
A vendor shall not in any manner advertise or hold out to any person
or to the public in general, directly or indirectly, that the tax
will be assumed or absorbed by the vendor, that the tax will not be
separately charged, or that the tax will be refunded to the customer.
d.
Each assumption or absorption by a vendor of the tax shall be deemed
a separate offense and each representation or advertisement by a vendor
for each day that the representation or advertisement continues shall
be deemed a separate offense.
[Added 5-17-2022 by Ord.
No. 2022-974]
a.
Any unpaid taxes pursuant to this section shall be subject to interest
at the rate of 5% per annum.
b.
In the event that the tax authorized and imposed under this section
is not paid as and when due, the unpaid balance, and any interest
accruing thereon, shall be a lien on the parcel of real property comprising
the hotel or transient accommodation in the same manner as all other
unpaid municipal taxes, fees, or other charges. The lien shall be
superior and paramount to the interest in such parcel of any owner,
lessee, tenant, mortgagee, or other person, except the lien of municipal
taxes and shall be on a parity with and deemed equal to the municipal
lien on the parcel for unpaid property taxes due and owing in the
same year.
c.
The Borough shall file in the office of its Tax Collector a statement
showing the amount and due date of the unpaid balance and identifying
the lot and block number of the parcel of real property that comprises
the delinquent hotel or transient accommodation. The lien shall be
enforced as a municipal lien in the same manner as all other municipal
liens are enforced.
[Added 5-17-2022 by Ord.
No. 2022-974]
The Borough shall annually provide to the State Treasurer, no
later than January 1 of each year, a list of the names and addresses
of all of the hotels and transient accommodations located in the Borough.
The Borough shall also provide to the State Treasurer the name and
address of any hotel or transient accommodation that commences operation
after January 1 of any year.
[Added 5-17-2022 by Ord.
No. 2022-974]
A copy of this section shall be transmitted upon adoption or
amendment to the Director of the New Jersey Division of Taxation.
The tax provisions of this section will be effective on the first
day of the first full month following 90 days after the Division has
received the adopted section.
