[Ord. #00-06, S 1]
A.
Owner-landlord shall not include mortgagees in possession of a structure
through foreclosure or the Borough of North Plainfield per se, if
such is in possession of the ownership/management of an applicable
structure.
B.
Second or subsequent violation for an illegal occupancy shall be
limited to those violations that are new and a result of destruct
and separate zoning or code enforcement activities and shall not include
any continuing violations for which citations are issued by a Zoning
or Code Enforcement Agent during the time period required for summary
dispossession proceedings to conclude if the owner/landlord has initiated
eviction proceedings in a court of proper jurisdiction.
[Ord. #00-06, S 2]
Any tenant who receives a notice of eviction pursuant to N.J.S.A.
2A:18-61.2 that results from zoning or code enforcement activities
for illegal occupancy as set forth in N.J.S.A. 2A:18-61.1(g)(3) shall
be considered a displaced person and shall be 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 shall
be liable for the payment of relocation assistance pursuant to this
Section. Irrespective of any other provision of the Borough Code,
the Borough shall not be responsible for paying any relocation costs
regarding the provisions of this Section.
[Ord. #00-06, S 3]
In addition to the provisions of subsection 11-11.2 of this Section (requirement of relocation assistance by the owner-landlord to a displaced tenant), the Borough shall impose an additional fine, above and beyond any other fine/penalty allowed by law and/or this Code, for each and every separate zoning and/or housing code violation for an illegal occupancy, in an amount not to exceed six times the monthly rental paid by the displaced person which shall be paid directly to the Borough by the owner-landlord of the structure.
[Ord. #00-06, S 4]
In addition to the provisions of subsection 11-11.3 herein, the Borough, after affording the owner-landlord an opportunity for a hearing on the matter before the North Plainfield Municipal Court, shall impose upon the owner-landlord for a second or subsequent violation for an illegal occupancy (as defined in subsection 11-11.3 herein) 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 Borough, pursuant to the "Penalty Enforcement Law" (N.J.S.A. 2A:58-1 et seq.). The North Plainfield Municipal Court and the Superior Court of New Jersey shall have jurisdiction of proceeding for the enforcement of the penalty provided herein. Said tuition cost shall be determined in the manner prescribed for nonresident pupils, pursuant to N.J.S.A. 18A:38-19 and the payment of the fine shall be remitted to the North Plainfield Board of Education.
