[Ord. No. 2022-21, 12-27-2022[1]]
For the purposes of this chapter, the following meanings shall
apply:
A person designated pursuant to Section 5.44.040 to hear and determine proceedings under this chapter.
A person or persons who own or purport to own, or exercise
control of, 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 Motel Dwelling Law, P.L. 1967, c. 76,[2] and owner-occupied two-unit premises. In the case of a
mobile home park, "landlord" means the owner of an individual dwelling
unit within the mobile home park.
Any rental or residential accommodations for a term of less
than one year and including any part of the period extending from
May 15 to September 15.
[Ord. No. 2022-21, 12-27-2022]
A.Â
If, in any one year, three complaints, on separate occasions, of
disorderly, indecent, tumultuous, or riotous conduct upon, in or proximity
to any seasonal rental premises, and attributable to the acts or incitements
of any of the tenants, or their guests, of those premises, have been
substantiated by prosecution and conviction in any court of competent
jurisdiction, the governing body or any officer or employee of the
municipality so designated by the governing body for the purpose may
institute proceedings to require the landlord of the premises to post
a bond against the consequences of future incidents of the same character.
B.Â
The governing body or a person designated pursuant to Subsection A of this section 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 institution of such proceedings, together with particulars of the substantiated complaints upon which those proceedings are based, and the time and place at which a hearing will be held in the matter, which shall be in the municipal building, municipal court or other place within the municipality, and which shall be no sooner than 30 days from the date upon which notice is served or mailed.
C.Â
At the hearing pursuant to Subsection B of this section, the hearing officer shall give full hearing both to the complaint of the municipality and to any evidence and contradiction or mitigation that the landlord, if presented 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 chapter, setting forth the findings and decision in writing and forwarding a copy of the decision to the landlord within 10 days after the hearing, by regular mail.
D.Â
Any bond required to be posted shall be in accordance with the judgment
of 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.Â
Damages likely to be caused to public or private property and damages
consequent upon disruption of affected residents' rights of fair
use and quiet possession of their premises;
2.Â
Securing the payment of fines and penalties likely to be levied for
such offenses; and
3.Â
Compensating the municipality for the cost of repressing and prosecuting
such incidents of disorderly behavior; but no such bond shall be in
a amount less than $500 nor more than $5,000. The municipality may
enforce the bond thus required by action 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.Â
A bond or other security deposit in compliance with Subsection D of this section shall be in force for a period of four years. Upon the lapse of the specified period, the landlord shall be entitled to the discharge thereof, unless prior thereto further proceedings leading to the forfeiture or partial forfeiture of the bond or other security shall have been had under Section 5.44.030, in which case the security shall be renewed in an amount and for a period that shall be specified by the hearing officer. Transfer of ownership or control of the property shall not void a requirement for security imposed under this chapter. 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 Subsection D of this section in the same manner as the landlord upon whom the requirement was originally imposed; provided, however, that the governing body may by resolution shorten the period for which security is required to not less than one year to 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. 2022-21, 12-27-2022]
A.Â
If, during the period for which a landlord is required to give security pursuant to Section 5.44.020, a substantiated complaint is recorded against the property in question, the governing body or its designee may institute proceedings against the landlord for the forfeiture or partial forfeiture of the security, for an extension as provided in Section 5.44.020 of the period for which security is required, or for increase in the amount of security, or for any or all those purposes.
B.Â
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 Section 5.44.020. Any decision by the hearing officer to increase the amount or extent of the period of the required security shall be determined in light of the same factors set forth in Section 5.44.020D 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 carry out the purposes of this chapter effectually. The decision of the hearing officer in such circumstances shall be enforceable in the same manner as provided in Section 5.44.020.
[Ord. No. 2022-21, 12-27-2022]
Any hearing pursuant to Section 5.44.020 shall be before a licensed attorney of the State of New Jersey named by the governing body. The hearing officer named shall not own or lease any real property within the Borough, nor hold any interest in the assets of or profits arising from the ownership or lease of such property.
[Ord. No. 2022-21, 12-27-2022]
A.Â
No residential property, dwelling, or segment thereof shall be rented,
leased, or used for commercial or business purposes, including, but
not limited to, the lease and use of the residential property for
the purpose of weddings, banquets, pool parties, and the like. The
lease or rental of any dwelling for commercial or corporate purposes
is prohibited and the rental and lease of residential properties shall
be limited to the use of the property for residential occupancy purposes.
B.Â
The lease or rental, for any purpose, of any amenity, feature, accessory,
or appurtenance to or associated with a residential property or dwelling
is prohibited. The lease or rental of a property shall be for the
possession and use of the entire residential property for residential
purposes.
C.Â
It shall be unlawful for the number of occupants in a rental premises
to exceed the maximum permitted occupancy as calculated by the Code
Enforcement Official. All tenants of a dwelling unit shall be issued
a summons for any such violation.
[Ord. No. 2022-21, 12-27-2022]
The print, electronic, or internet advertisement of any rental
that is prohibited or fails to comply with the provisions of this
chapter, including the regulations on duration, prohibited rentals
and uses, and any other applicable provision of the Code is prohibited.
The owner of the property and anyone who publishes such an advertisement,
including AirBnB, VRBO, the Sandpaper and the like shall be guilty
of a violation of this chapter.
[Ord. No. 2022-21, 12-27-2022]
This article shall be enforced by the Police Department and/or
Code Enforcement Official and his/her designee(s).
[Ord. No. 2022-21, 12-27-2022]
A violation of this article shall be punishable as provided in Title 1, General Provisions, Chapter 1.08, General Penalty.
