[HISTORY: Adopted by the Board of Commissioners of the Borough
of Wildwood Crest 2-24-2016 by Ord. No. 1235-2016. Amendments noted where applicable.]
[Adopted 2-24-2016 by Ord. No. 1235-2016]
[Added 2-24-2016 by Ord.
No. 1235-16; amended 12-14-2016 by Ord. No. 1247-2016]
The purpose of this chapter is to provide licensing, inspection
and registration requirements for all rental properties or properties
containing rental units including, but not limited to, resort houses,
and requiring rental properties to be registered pursuant to the Landlord
Registration Act (N.J.S.A. 46:8-27, et seq.). The municipality can
only impose the licensing fee herein on residential rental units rented
for a term of less than 175 consecutive days by a person having a
permanent residence elsewhere.
[Added 2-24-2016 by Ord.
No. 1235-2016]
Unless the context clearly indicates a different meaning, the
following words or phrases when used in this chapter shall have the
following meaning:
The individual or individuals designated by the owner as
the person(s) authorized by the owner to perform any duty imposed
upon the owner by this chapter, provided that in order to be an agent
or managing agent the individual designated must reside in Cape May
County, New Jersey as set forth in N.J.S.A. 46:8-28(c). The term does
not include a licensed real estate broker or salesman of the State
of New Jersey as those terms are defined by N.J.S.A. 45:15-3; unless
such broker or salesperson shall affirmatively consent to act as such
agent or managing agent.
Any apartment, cottage, bungalow or other dwelling unit consisting
of one or more rooms occupying all or part of a floor or floors in
a building of one or more floors or stories, but not the entire building,
whether designed with or without house-keeping facilities for dwelling
purposes and notwithstanding whether the apartment be designed for
residence, for office, or the operation of any industry or business,
or for any other type of independent use.
Any building or structure, or part thereof, used for human
habitation, use or occupancy and includes any accessory buildings
and appurtenance belonging thereto or usually enjoyed therewith. Consistent
with the definitions contained in the Uniform Construction Code (UCC)
and the Uniform Fire Code (UFC), "Building" shall also mean "A structure
enclosed with exterior walls or fire walls, built, erected and framed
of component structural parts, designed for the housing, shelter,
enclosure and support of individuals, animals or property of any kind.
When used herein, building and structure shall be interchangeable
except where the context clearly indicates otherwise."
Any room or rooms, or suite or apartment thereof, whether
furnished or unfurnished, which is occupied, or intended, arranged
or designed to be occupied, for sleeping or dwelling purposes by one
or more persons, including but not limited to the owner thereof, or
any of his servants, agents or employees, and shall include all privileges,
services, furnishings, furniture, equipment, facilities, and improvements
connected with use or occupancy thereof. This definition applies only
to those dwelling units, including single family residences, which
are available for lease or rental purposes. Consistent with the definitions
contained in the Uniform Construction Code (UCC) and the Uniform Fire
Code (UFC) the definition shall also mean "A single unit providing
complete, independent living facilities for one or more persons living
as a single, housekeeping unit, including permanent provisions for
living, sleeping, eating, cooking and sanitation."
See definition of "Visitors."
See definition of "Owner."
The license issued by the Borough attesting that the rental
unit has been properly inspected and licensed at required intervals
in accordance with this chapter.
Shall be for a maximum term of 12 months.
The person to whom the license is issued pursuant to this
chapter. The term "licensee" includes within its definition the term
"agent" or "managing agent", where applicable.
The municipal official or employee designated to receive
rental license applications and registrations and to issue licenses
pursuant to this chapter.
See definition of "Agent."
Person who resides in a rental unit including, but not limited
to, the named tenant(s). The term shall include residents, overnight
visitors and children. The term shall not include those visitors or
guests who are not residing therein.
The person who owns, purports to own or exercises control
over any building. Consistent with the definitions contained in the
Uniform Construction Code (UCC) and the Uniform Fire Code (UFC) "owner"
shall also mean: "The owner or owners in fee of the property or a
lesser estate therein, a mortgagee or vendee in possession, an assignee
of rents, receiver, executor, trustee, lessee or any other person,
firm or corporation, directly or indirectly in control of a building,
structure or real property and shall include any subdivision thereof
of the State."
An individual, firm, corporation, partnership, association,
trust or other legal entity, or any combination thereof.
An individual who is licensed by the State of New Jersey
as a real estate salesperson, a real estate broker-salesperson, and/or
a real estate referral agent, as those terms are defined in the New
Jersey Real Estate Brokers and Salesmen Act ("Brokers Act"), N.J.S.A.
45:15-1 to -29.5.
[Amended 4-27-2022 by Ord. No. 1381]
The person who negotiates for the lease of the rental unit
on behalf of the owner. Such person shall be the holder of the required
license mandated by the State of New Jersey. The rental agent is not
the managing agent under the terms of this chapter unless the rental
agent should expressly consent to assume such duties or obligations.
A building or structure which contains one or more rental
units including, but not limited to, resort houses. The term "rental
property" shall not include any property covered by the New Jersey
Hotel and Multiple Dwelling Law. N.J.S.A. 55:13A-1, et seq.
Collectively the term apartment or dwelling, building, dwelling
unit, as defined by this chapter. This definition shall not apply
to any single-family home which is not available for rental purposes.
A residentially styled structure that is used, maintained,
marketed, promoted and/or advertised as a destination location available
for rent, lease or sub-lease for a gathering of invited guests for
functions and special events, including, but not limited to, weddings,
retreats, family reunions, parties and meetings. A resort house is
a commercial use appropriate only in areas zoned for hotel/motel use
and never has been permitted as a legal use under existing ordinance
standards. A resort house is a commercial use and is not a traditional
single-family residence and requires more off-street parking in order
to accommodate the number of guests.
Shall have the same meaning as that of "short term rental"
but, in addition thereto, shall encompass any rental between May 1
through September 30.
Any lease or tenancy, whether written or oral for any term
of less than 175 consecutive days where the tenant(s) has/have a permanent
place of residence elsewhere, and shall include any tenancy between
May 1 and September 30.
Any person who occupies any rental unit, as a named lessee,
pursuant to the terms of a lease agreement, whether written or oral,
or who occupies a rental unit pursuant to permission or license of
any kind granted by an owner or owner's agent. The term shall be construed
liberally to include not only tenants but guests and occupants. The
term shall also include sub-tenants.
A person or persons who, on a temporary or occasional basis,
visit(s) a rental unit at the express or implied invitation of the
tenant(s) but who does/do not reside there or sleep there. The term
is the same as "guests".
[Added 2-24-2016 by Ord.
No. 1235-2016]
This Article I shall be known as the "Rental License Regulations" of the Borough.
A.Â
Introduction. All rental properties, or properties containing rental
units, including but not limited to resort houses, are subject to
licensing and inspection by the Borough. All such properties, in addition
to the requirement of being licensed and inspected by the Borough,
are also required to be registered pursuant to the Landlord Registration
Act. Registration applies to all Rental Properties.
B.Â
Registration requirements. In addition to the licensing requirements
imposed by this chapter, certain properties must also be registered
with either the Borough or the State of New Jersey pursuant to the
Landlord Registration Act, N.J.S.A. 46:8-27 to 46:8-37.
[Added 2-24-2016 by Ord.
No. 1235-2016]
The owner of rental unit(s) has a dual responsibility as follows:
A.Â
Each rental property containing one or more rental units must be
licensed and inspected, at least annually, by the Borough in accordance
with this chapter; and
B.Â
Each property containing one or more rental units must, in addition,
be registered in accordance with the Landlord Registration Act, N.J.S.A.
46:8-27 to 46:8-37.
[Added 2-24-2016 by Ord.
No. 1235-2016; amended 12-14-2016 by Ord. No. 1247-2016]
A.Â
All rental properties located within the Borough, including, but
not limited to, individually owned units in hotel/motel structures
and other real property subject to the provisions of Chapter 8B of
Title 46 of the New Jersey Revised Statutes, N.J.S.A. 46:8B-1 et seq.
("Condominium Act"), form of ownership shall be required to have a
mercantile license with the Borough. No rental property or rental
unit shall be leased or occupied, or advertised or offered for rent
or lease, unless a mercantile license is maintained and the appropriate
inspections have been conducted.
[Amended 7-5-2023 by Ord. No. 1403]
B.Â
All rentals are subject to inspections as required by state statutes.
C.Â
All rental units shall be registered with the Borough. Applications
for a rental license or registration shall be made on forms provided
for that purpose by the Borough Clerk. Such registration or licensing
shall be required on an annual basis; that is at least once in every
consecutive twelve-month period or term as provided herein. An application
form shall be required for each rental unit either for registration
of the rental unit or for rental license.
[Added 2-24-2016 by Ord.
No. 1235-2016; amended 12-14-2016 by Ord. No. 1247-2016]
The owner of a rental unit shall submit a license application,
together with the required fee, if applicable, to the Borough Clerk.
Such application shall be on forms supplied by the Borough. Licensing
fees shall be in accordance with the current mercantile ordinance
of the Borough of Wildwood Crest.
[Added 2-24-2016 by Ord.
No. 1235-2016]
In order to qualify for a rental license, the following requirements
shall be met by the applicant or applicant's agent:
A.Â
An application on a form supplied by the Borough shall be completed
and shall contain all of the information, including any attachments
which may be required.
B.Â
All municipal taxes, water and sewer charges and any other municipal
assessments are paid on a current basis.
C.Â
License fees for all licenses issued shall be as provided in the
current mercantile license ordinance of the Code of the Borough of
Wildwood Crest. In addition thereto, any currently charged Wildwood
Crest Tourism Development Improvement District authority fee or assessment
shall also be paid prior to any license being issued.
[Added 2-24-2016 by Ord.
No. 1235-2016]
The Borough may deny the issuance of a license or may refuse
to renew a rental license in accordance with the provisions of this
chapter.
A rental license shall not be issued for any property for which
a rental license has been suspended or revoked until the period of
suspension or revocation has expired, regardless of any change in
ownership of the property.
[Added 2-24-2016 by Ord.
No. 1235-2016]
Any application for a rental license, including any renewal
thereof, may be denied and any rental license that has been issued
pursuant to this chapter may be revoked or suspended for any of the
following causes:
A.Â
Any fraud, material misrepresentation, or false statement contained
in the application for license.
B.Â
Any fraud, material misrepresentation, or false statement made in
connection with the leasing of any rental unit.
C.Â
Any violation of this chapter.
D.Â
Conviction of the licensee or applicant of any felony or of a misdemeanor
involving moral turpitude.
E.Â
Crimes involving moral turpitude include but are not limited to:
2C:-11 Homicide- all offenses
2C:12 Assault, Endangering, Threats- all offenses
2C:13 Kidnapping- all offenses
2C:14 Sexual Offenses- all offenses
2C:15 Robbery- all offenses
2C:20 Theft- all offenses
2C:24 Offenses Against the Family, Children, and Incompetents-
all offenses
2C:35 Controlled Dangerous Substances- all offenses except 2C:35-10a(4)
2C:39 Weapons Offenses- all offenses
F.Â
Conducting the licensed rental unit(s) business in any unlawful manner
or so as to constitute a breach of the peace or a menace to the health,
safety, or welfare of the public, including such conduct when engaged
in by the licensee's agents, servants or employees.
G.Â
Failure of the applicant or licensee to comply with the conditions
required for the issuance of a rental license as set forth in this
chapter.
H.Â
Any grounds which would justify the revocation or suspension of a
rental license as specified in this chapter shall also be cause for
the denial or any renewal of a rental license.
[Added 2-24-2016 by Ord.
No. 1235-2016]
Any person who is denied the issuance of a rental license or any renewal thereof, or who has had a rental license revoked or suspended may appeal such determination administratively to a Hearing Officer appointed by the Borough in accordance with the procedures set forth in Section 56A-25 of this chapter. Such appeal shall be filed not later than 45 days following notification of Borough action.
Such appeal shall be in writing, with the original filed with
the Borough Clerk. Upon receipt of such appeal, the Borough Clerk
shall notify the Administration and the Borough Solicitor of such
filing and the Borough Clerk shall forward a copy of the appeal notice
to the Hearing Officer who shall schedule a hearing on such appeal
not sooner than 10 nor later than 30 business days following filing.
Following a hearing, the Hearing Officer shall submit his/her findings
and determination to the Borough Commission. The Hearing Officer shall
transmit his findings of fact and conclusions of law to the Borough
Commission within 15 days of the conclusion of the hearing. Borough
Commission shall make the final determination by resolution and may,
in its discretion, accept, reject, or modify the findings and recommendations
of the Hearing Officer.
[Added 2-24-2016 by Ord.
No. 1235-2016]
The notice of appeal to be filed with the Borough Clerk shall
be in writing and shall contain the following:
A.Â
Name, address, telephone number and email address of the person(s)
filing the appeal;
B.Â
Name, address, telephone number and email address of the Managing
Agent, if any;
C.Â
Location of the rental property specifying Block, Lot number and
street address;
D.Â
Number of rental units at that location licensed or intended to be
licensed;
E.Â
Specifying the specific grounds for the appeal.
[Added 2-24-2016 by Ord.
No. 1235-2016]
The Mercantile License term for all rental properties will expire
on April 30 of each calendar year.
[Added 2-24-2016 by Ord.
No. 1235-2016]
A.Â
Inspection; frequency. Each rental unit shall be inspected at least
once in each license year.
B.Â
Nature of inspection. Such inspection shall be carried out in accordance
with the following:
(1)Â
All rental units, shall be inspected by the Borough to determine
compliance with the Uniform Fire Safety Act of the State of New Jersey
and the International Property Maintenance Code (IPMC) to the extent
that same has been adopted by the Borough, as well as any other code
or codes in effect and applicable at the time of any inspection.
[Added 2-24-2016 by Ord.
No. 1235-2016]
A.Â
Any person who violates any provision of this ordinance shall be
subject to a civil penalty for each offense of not more than the maximum
penalty allowed as currently established by N.J.S.A. 40:49-5 and any
amendments thereto. If the violation is of a continuing nature, each
violation that occurs shall constitute an additional separate and
distinct offense for which a penalty shall be assessed. No mercantile
license shall be issued for any such property deemed to be in violation
of this ordinance until the property is compliant with same.
B.Â
Any person, firm, association or corporation violating any of the
provisions of this chapter shall, upon conviction, be subject to the
penalty provisions, including those additional enhanced penalties
for repeat violations as specified in said subsections and subparagraphs.
C.Â
Violations occurring within one year. Any person convicted of violating
this ordinance within one year of the date of a previous violation
and who was fined for the previous violation, shall be sentenced by
the Court to an additional fine as a repeat offender. The additional
fine imposed by the Court upon a person for a repeated offense shall
not be less than the minimum or exceed the maximum fine fixed for
a violation of the ordinance, but shall be calculated separately from
the fine imposed for the violation of the ordinance. (See N.J.S.A.
40:49-5)
D.Â
Penalty and administrative penalty. The foregoing penalties shall
be in addition to any other penalty provided in this chapter and shall
be in addition to those penalties set forth in N.J.S.A. 46:8-35. Specifically,
the penal penalties shall be in addition to the administrative penalties
set forth in this article and shall not be in place thereof.
E.Â
Additional penalties. The foregoing penalties shall be exclusive
of, and in addition to, any other penalty or penalties provided in
this chapter and the penalties set forth in N.J.S.A. 46:8-35, of the
"Landlord Registration Act"; including but not limited to:
[Added 2-24-2016 by Ord.
No. 1235-2016]
A.Â
Grounds for revocation, suspension or probation.
(1)Â
The Borough may, administratively, decline to issue or renew a mercantile
license in accordance with the provisions contained herein. An owner
shall be entitled to appeal any such decision by the filing of an
appeal within the time permitted and in accordance with the procedures
set forth herein.
(2)Â
The Borough may also revoke or suspend an issued and outstanding
mercantile license, or place such license in a probationary status.
This action shall be in addition to any other penalty prescribed herein,
in accordance with the provisions of N.J.S.A. 40:52-2 and N.J.S.A.
40:48-2, upon the happening of one or more of the following:
(a)Â
Conviction of the owner(s), or any of them if there is more
than one, of a violation of this chapter in the Municipal Court or
other court of competent jurisdiction.
(b)Â
Following a determination by the Borough after a hearing that
a violation of this chapter has occurred.
(c)Â
If, in any twenty-four-month period, there shall be four or
more complaints, on separate occasions, of conduct upon or in proximity
to any rental premises, and attributable to the acts or incitements
of any of the tenants of those premises, which have been substantiated
by prosecution and conviction in any court of competent jurisdiction
as a violation of any provision of Title 2C of the New Jersey Statutes
or any municipal ordinance governing disorderly conduct.
(d)Â
Maintaining the rental unit or units or the property in which
the Rental Unit is a part in a dangerous condition likely to result
in injury to person or property.
(e)Â
A false, misleading, or fraudulent statement made in connection
with the registration, licensing or inspection of a rental unit or
units, under this chapter.
(f)Â
A pattern of conduct which results in creating, maintaining,
permitting or suffering the existence of any of the following conditions
at or about the rental unit:
[1]Â
A nuisance, as defined by the Code of the Borough of Wildwood
Crest or as defined by N.J.S.A. 2C:33-12; provided, however, that
a conviction of such person or persons under that statute shall not
be required in order for the Borough to take action relating to the
Mercantile License under this section;
[2]Â
The failure to comply with any directive of the Borough concerning
the abatement of conduct prohibited by paragraph (f)[1], above.
[3]Â
The failure to comply with Borough ordinances pertaining to
the proper accumulation and disposal of solid waste (trash) and recyclable
material or otherwise allowing such materials to accumulate in such
a way as to be unsanitary or unsightly.
(g)Â
If the licensee, who is an owner of the property affected by
the license or upon which the licensed business or activity is conducted,
has failed to pay the taxes due on the property for at least three
consecutive quarters.
(h)Â
Any other grounds that would be a basis for denial or non-renewal
of a mercantile license rental license shall also constitute grounds
for the revocation or suspension of a mercantile license or the placing
of such license in a probationary status.
It shall be a defense to any proceeding for the revocation or
suspension of a mercantile license to demonstrate that the owner has
taken appropriate action and has made a good faith effort to abate
the conditions or circumstances giving rise to the revocation or suspension
proceeding including but not limited to the institution of legal action
against the tenant(s), occupant(s) or guests for recovery of the premises;
eviction of the tenant(s) or otherwise. Evidence of such actions on
the part of the owner or managing agent, however, shall not preclude
the Borough from placing the mercantile license in probationary status
as provided for herein, nor shall it preclude the Borough from instituting
action for violations as provided for herein.
[Added 2-24-2016 by Ord.
No. 1235-2016]
A.Â
Complaints; filing. A written complaint seeking the revocation or
suspension of a rental license may be filed by any of the following:
the Mayor, Administration, Director of Public Safety, Chief of Police
or his designee, Construction Code Official, Fire Official, Code Enforcement
Official, and Zoning Enforcement Officer. The complaint shall be filed
with the Borough Clerk and shall be sufficiently specific to inform
licensee of the charges pending and state the particulars of any substantiated
violations underlying the charges. The complaint may be filed on the
basis of information and belief and the complainant need not rely
on personal knowledge or information.
B.Â
Procedure upon filing. Upon the filing of such written complaint,
the Borough Clerk shall immediately mail a copy of said complaint
to the licensee and the managing agent, if any, at the address indicated
on the rental license application form and to the name and address
appearing on the tax records if different from that on the rental
license application. The complaint shall be accompanied by a notice
informing the licensee and managing agent that a hearing will be scheduled
not sooner than 10 nor more than 30 days after service of the complaint
upon the licensee or managing agent. The Borough Clerk shall simultaneously
notify the Administration and the Borough Administrator, Borough Solicitor,
and the Borough Hearing Officer as to the filing of such complaint
and the date of service of said complaint upon the licensee or the
managing agent. The Hearing Officer shall fix the date for the hearing.
The complaint and all notices shall be sent simultaneously by certified
mail, return receipt requested and by regular first class mail to
the individuals and to the addresses prescribed herein.
C.Â
Hearing Officer; recusal. The hearing required by this section shall
be held before the Borough Hearing Officer, unless such Hearing Officer
shall recuse him/herself, in which event the Borough Commission shall
appoint another independent hearing officer to preside in the matter.
D.Â
Hearing. The Hearing Officer shall transmit his findings of fact
and conclusions of law to the Borough Commission within 15 days of
the conclusion of the hearing. Borough Commission shall then review
the matter and may accept, reject, or modify the recommendations of
the Hearing Officer based on the documentary evidence and written
findings of fact and conclusion of law submitted by the Hearing Officer,
and render a decision dismissing the complaint, revoking or suspending
the rental license, or determining that the rental license shall not
be renewed or reissued for one or more subsequent license years. The
rental license may also be placed in probationary status as provided
herein.
E.Â
Record of hearing and proceedings. A verbatim record shall be made
of the hearing. All witnesses shall be sworn prior to testifying.
The strict rules of evidence shall not apply and the evidential rules
and burden of proof shall be the same as those which generally govern
and are applied in administrative hearings. Any person shall be entitled
to obtain a transcript of such hearing at his sole cost and expense.
[Added 2-24-2016 by Ord.
No. 1235-2016]
A.Â
Recommendations of Hearing Officer as to probationary status. In
lieu of a revocation or suspension of a rental license, the Hearing
Officer may recommend placing the mercantile license in a probationary
status. The Hearing Officer may also recommend specific terms of probation
to be imposed, if any. Borough Commission shall make the final determination
by resolution and may, in its discretion, accept, reject, or modify
the findings and recommendations of the Hearing Officer. Once imposed,
the probationary status shall remain in effect for the remainder of
that license term and may be made applicable to the succeeding renewal
term.
B.Â
Terms of probationary status of rental license. The terms of the
probationary status shall be specifically set forth in a resolution
of Borough Commission, a copy of which shall be served upon the owner,
managing agent, and rental agent. Such notice shall be served personally
or by certified mail, return receipt requested, or both. If service
is made by certified mail, return receipt requested, it shall also
be sent simultaneously by first class mail. Mail to the owner and
managing agent shall be at the address indicated on the mercantile
license application. Copies shall also be sent to the names and addresses
appearing on the Borough's tax records if different from the names
and addresses appearing on the mercantile license application. Copies
shall also be provided to the Chief of Police, Code Enforcement Officer,
Fire Official and Construction Code Official.
C.Â
Modification of probationary conditions. The Borough Commission may
on its own initiative or at the request of an owner, managing agent,
tenant or occupant of the rental unit modify the terms of such probationary
status at any time during the probationary term. If modified, it shall
be by resolution, copies of which shall be served upon such persons
and in such manner as specified in the preceding subsection.
D.Â
Violation of conditions of probationary status. The violation of
any term or condition of the probation by the owner, managing agent,
tenant or occupant, shall be cause for the immediate suspension or
revocation of the rental license.
E.Â
Change in tenants during probationary status; notification to Borough.
An owner of a rental unit shall forthwith notify the Chief of Police
and the Borough Licensing Clerk of any change in tenants during the
period of probation.
F.Â
Conditional renewal of rental license.
(1)Â
Renewal of license in probationary status. Any rental license which
is in probationary status may be renewed for the succeeding license
term conditioned upon compliance by the owner, managing agent, tenant
and occupants with the terms and conditions of probation.
G.Â
Failure to comply. The failure to comply with the terms and conditions
of probation by the owner, managing agent, tenant or occupants shall
be cause for the immediate suspension, revocation, or non-renewal
of the rental license.
H.Â
Mercantile license deemed severable for disciplinary action. A mercantile
license shall be deemed severable with respect to the revocation,
suspension or disciplinary actions instituted pursuant to this chapter.
Accordingly, the revocation or suspension or other disciplinary action
involving a mercantile license may be limited to one or more rental
units or may apply to all rental units in a property. If limited to
less than all of the rental units, such license shall remain in full
force and effect as to any and all rental units not involved in the
revocation, suspension or disciplinary proceedings.
I.Â
Time for instituting revocation or suspension proceedings.
(1)Â
Proceedings for revocation or suspension. Any complaint seeking the
suspension or revocation of a mercantile license shall be filed by
the Borough and served upon the owner or managing agent by October
30th in order to have any effect on the current license year and the
rental season immediately following. If such a complaint is filed
after said date and if the charges are sustained, the revocation or
suspension of the mercantile license shall not impact upon the rental
season immediately following but shall affect the next ensuing rental
season.
[Added 2-24-2016 by Ord.
No. 1235-2016]
[Added 2-24-2016 by Ord.
No. 1235-2016]
A.Â
Findings. N.J.S.A. 40:48-2.12n authorizes municipalities to enact
an ordinance holding landlords of rentals to standards of responsibility
in the selection of tenants and supervision of the rental premises.
The Borough Council has determined that there is a need for such an
ordinance in the Borough of Wildwood Crest.
B.Â
HEARING OFFICER
LANDLORD
SEASONAL RENTAL
SUBSTANTIATED COMPLAINT
Definitions. As used in this Article II of this chapter:
The designated hearing officer of the Borough of Wildwood
Crest and in accordance with N.J.S.A. 40:48-2.12n. As required by
State Statute, said Hearing Officer shall be a licensed New Jersey
attorney who shall not be an owner or lessee of any real property
within the Borough of Wildwood Crest, nor hold any interest in the
assets of or profits arising from the ownership or lease of such property.
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, which building contains
no more than four dwelling units. The limitation of not more than
four dwelling units is limited solely to the provisions provided herein
pertaining to the requirement for posting of a bond by landlords under
certain circumstances.
Any rental of residential accommodations for a term of less
than one year and including any part of the period extending from
May 1 to September 30. It shall also mean and include any tenancy,
whether written or oral, for a term of less than 175 consecutive days
for residential purposes by a person having a permanent place of residence
elsewhere.
A complaint which may form the basis for proceedings in accordance
with the authority conferred by N.J.S.A. 40:48-2.12(q). A substantiated
complaint shall be one in which there was prosecution and conviction
in any Court of competent jurisdiction.
[Added 2-24-2016 by Ord.
No. 1235-2016]
Landlords of rentals shall be held to standards of responsibility
in the selection of tenants and supervision of the rental premises.
Under certain circumstances, a landlord shall be required to post
an adequate bond against the consequences of disorderly behavior of
their tenants as hereinafter provided; and in the case of subsequent
violations forfeit such bond, in whole or in part, in consequences
of such behavior.
[Added 2-24-2016 by Ord.
No. 1235-2016]
A.Â
Action for proceedings. If in any twenty-four-month period there
shall be four or more complaints, on separate occasions, of conduct
upon or in proximity to any rental premises and attributable to the
acts or incitements of any of the tenants of those premises, and such
complaints have been substantiated by prosecution and conviction in
any Court of competent jurisdiction, the Borough Commission as the
Governing Body, the Mayor, Director of Public Safety, Chief of Police
or the designee of the Chief of Police, Construction Code Official,
Fire Official or Zoning Officer may institute proceedings to require
the landlord of those premises to post a bond against the consequences
of future incidents of the same character.
B.Â
In the event a tenant is convicted of any of the conduct described in subsection A of this section, the Borough Commission or any of the officers or employees designated in that subsection shall cause notice advising that the conduct specified has occurred to be served on the landlord, in person or by registered or certified mail, at the address appearing on the tax records of the Borough. Such notice shall also be served on the managing agent and copies shall also be served, in the manner prescribed, on the owner at the address appearing on the mercantile license application if that address is different than the address appearing on the tax records of the Borough.
[Added 2-24-2016 by Ord.
No. 1235-2016]
Notice of the institution of such proceedings shall be served
upon the landlord, in person or by registered or certified mail, to
the address appearing on the tax records of the municipality advising
the landlord of the institution of such proceedings together with
particulars of the substantiated complaints upon which the proceedings
are based, and of the time and place at which a hearing will be held.
Such hearing shall be held in the Municipal Building, Municipal Court
or other public place within the Borough of Wildwood Crest. Said hearing
shall be held no sooner than 30 days from the date upon which the
notice is served or mailed. Such notice shall also be served on the
managing agent and copies shall also be served, in the manner prescribed,
on the owner at the address appearing on the mercantile license application
if that address is different than the address appearing on the tax
records of the Borough.
[Added 2-24-2016 by Ord.
No. 1235-2016]
At the hearing, 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. The Hearing Officer may consider, to the
extent deemed relevant by the Hearing Officer, prior complaints about
the residents of the property, even if those complaints did not result
in a conviction. 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.
[Added 2-24-2016 by Ord.
No. 1235-2016]
A.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 complaint upon which the proceedings
are based. Such bond shall 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 possession of their premises;
(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.
In no event shall the bond be in an amount less than $500 or more
than $5,000. The Borough may enforce the bond thus required by action
in the Superior Court and the Borough 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 Borough.
B.Â
Duration of bond requirements; discharge; extension or renewal of
bond.
The bond or other security deposited in compliance with this
section shall remain in force for a period of three years. Upon the
lapse of the specified period, the landlord shall be entitled to the
discharge thereof, unless prior thereto further proceedings leading
to a forfeiture or partial forfeiture of the bond or other security
shall have been had in which case the security shall be renewed, in
an amount and for a period that shall be specified by the Hearing
Officer.
C.Â
Forfeiture, extension of period; increase in amount of security;
proceedings.
(1)Â
Proceedings for forfeiture. If during the period for which a landlord
is required to give security pursuant to this section, a substantiated
complaint is recorded against the property in question, the Borough
Commission or any of the persons authorized may institute proceedings
against the landlord for the forfeiture or partial forfeiture of the
security, or for an extension for the period for which such security
is required, or for an increase in the amount of security required,
or for any or all of these purposes.
(2)Â
Proceedings before hearing officer. Any forfeiture or partial forfeiture
of security shall be determined by the Hearing Officer solely in accordance
with the amount deemed necessary for compensatory purposes. 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 herein 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 section
and the enabling legislation N.J.S.A. 40:48-2.12n, et seq.
[Added 2-24-2016 by Ord.
No. 1235-2016]
In accordance with N.J.S.A. 40:48-2.12r 5(c), a landlord may
recover from a tenant any amounts of security actually forfeited.
[Added 2-24-2016 by Ord.
No. 1235-2016]
A.Â
Qualifications. The Borough Commission is hereby authorized to appoint
a Hearing Officer who is qualified pursuant to the requirements of
N.J.S.A. 40:48-2.12p, as amended and supplemented. Such Hearing Officer
shall be a licensed attorney of New Jersey who shall not be an owner
or lessee of any property within the Borough, nor hold any interest
in the assets of or profits arising from the ownership or lease of
such property.
B.Â
Appointment; termination. The appointment of the Hearing Officer
shall be by resolution of the Borough Commission. The appointment
shall be for a term specified by the Borough Commission, but in no
event to exceed one year. The Hearing Officer shall be eligible for
reappointment. The services of the Hearing Officer may be terminated
without cause upon the giving of 30 days' notice. The services of
the Hearing Officer may be terminated for cause immediately.
C.Â
Compensation. The Hearing Officer may be compensated as provided
in the professional services contract with the Borough of Wildwood
Crest.
D.Â
Recusal of Hearing Officer. In the event that the Hearing Officer
should deem it necessary to recuse him/herself, for whatever reason,
the Borough Commission shall, by resolution, appoint another independent
hearing officer to preside in the matter.
