Borough of Moonachie, NJ
Bergen County
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Table of Contents
Table of Contents
Editor's Note: For mobile home parks, see also General Licensing, Section 4-10 and Zoning, Section 22-4.
[Ord. #93-13, § 1; Ord. #99-7; Ord. #2002-10; Ord. #2003-15]
This Chapter applies to all mobile homes in the Borough of Moonachie.
[Ord. #93-13, § 2; Ord. #99-7; Ord. #2002-10; Ord. #2003-15]
The following matters are hereby determined, declared and recited, viz.:
a. 
That from time to time a shortage of rental units may exist within the Borough of Moonachie with respect to the rental of mobile home spaces and mobile homes in mobile home parks and that shortage may inhibit tenants' ability to relocate without undue financial hardship within the immediate community and whereas extraordinary rental increases may force tenants to vacate their mobile homes in need of alternative rental housing thereby providing a need for governmental protection of those tenants;
b. 
That the number of mobile home parks and spaces permitted within the Borough has been limited by the Mayor and Council so as to achieve a balance in the types of housing permitted in the Borough and it is desirable to maintain such balance and the present situation cannot be corrected by increasing the number of mobile home parks alone;
c. 
That by reason of the necessity of licensing of mobile home parks, mobile home park operators enjoy an unintended monopoly which may be abused by the charging of unregulated excessive rents;
d. 
That the Borough has the power to so regulate rents in mobile home parks pursuant to the provisions of N.J.S.A. 40:52-1d bestowing power to enact ordinances for the preservation of public health, safety and welfare of the Borough and its inhabitants, pursuant to which grant of powers this Chapter is enacted;
e. 
That a policy of resolution of fair rental charge disputes by open communication, discussion and negotiation between mobile home park operators and their tenants is to be encouraged, in that it will serve to minimize the governmental regulation and intrusion into the citizens' private business and domestic affairs;
f. 
That it is the intent of this Chapter that tenants are not to pay for charges caused by mismanagement or neglect caused by park operators.
[Ord. #93-13, § 3; Ord. #99-7; Ord. #2002-10; Ord. #2003-15]
a. 
AVAILABLE FOR RENT TO TENANTS - Shall mean fit for habitation, as defined by law, and occupied or unoccupied and offered for rent; or, inhabited, whether or not legally fit.
b. 
BASE RENT - Shall mean the rent charged and received for a lot and/or mobile home, including, but not limited to, use of the lot and/or mobile home, reasonable and necessary operating costs, general maintenance, mortgage payments, and insurance, but exclusive of any of the categories, as defined below, which have been included in the rent, and are still so included, before the date of calculation of base rent.
c. 
OMBUDSMAN - Shall mean an individual appointed by the Mayor and Council and paid for by the Borough of Moonachie. To review, report and respond to applications under this Chapter and to administer the terms and conditions herein.
d. 
BOROUGH - Shall mean the Borough of Moonachie.
e. 
BYLAWS - Shall mean bylaws or rules and regulations established by the Ombudsman.
f. 
MAJOR CAPITAL IMPROVEMENT - Shall mean a major capital improvement or a substantial change in the mobile home park accommodations such as would become an additional benefit to the living conditions of the residents of the park. The term major capital improvement does not include repairs or replacements, which merely maintain the mobile home park in efficient operating condition.
g. 
CATEGORY OR RENT CATEGORY - Shall mean any portion of rent allocated for a particular purpose, excluding base rent, but including the following:
1. 
Real property taxes.
2. 
Space fees charged by the Borough of Moonachie.
3. 
Any cost of supplied utilities, each such utility constituting a separate category, viz.:
(a) 
Sewerage.
(b) 
Garbage and/or trash removal and/or recycling.
(c) 
Electricity.
(d) 
Water.
4. 
Any major capital improvement, each such improvement constituting a separate category.
5. 
Any increase for hardship previously awarded by the Ombudsman.
6. 
Any other specific charges as approved by the Ombudsman.
h. 
CHARGES - Shall mean the amount of rent allocated to any of the categories specifically excluded from base rent.
i. 
CONSUMER PRICE INDEX OR CPI - Shall mean the consumer price index (all items) for the region of the United States of which the Borough of Moonachie is a part, viz., the New York-Northeastern New Jersey area, published periodically by the Bureau of Labor Statistics, United States Department of Labor, and more specifically, CPI-W.
j. 
LAWS - Shall mean and include Federal laws, State statutes, County ordinances, and local ordinances, and any rules and regulations resulting from these, including this Chapter.
k. 
LEASE - Shall mean any written or oral agreement pursuant to which any person is permitted to occupy a mobile home and/or a lot.
l. 
LOT - Shall mean that portion of a park rented or offered for rent, or available for positioning a mobile home for living purposes, together with all privileges, services, equipment, facilities, and improvements connected with the use or occupancy of such portion of the property.
m. 
MOBILE HOME PARK, OR PARK - Shall mean any plot of ground upon which two or more mobile homes may be parked for dwelling or sleeping, other than an enclosed building.
n. 
MOBILE HOME - Shall mean any manufactured self- propelled or non-self-propelled vehicle or portable or semi-portable structure, built on a chassis, designed without a permanent foundation, connected to utilities and containing a flush toilet, bath or shower, and a kitchen sink, and used or intended for use as a temporary or permanent dwelling or sleeping place for one or more persons including, but not limited to, structures commonly known as mobile homes, dependent and independent travel trailers, piggy-back campers, camp vehicles, mobile home buses and tents.
o. 
NOTICE TO QUIT - Shall mean notice that a park operator is required to give to each tenant specifying amount of net rent increases/decreases in each rent category and date that tenant must leave premises if rent is not agreed to or otherwise fixed. No rent increase may be collected or fixed before the issuance of a valid notice to quit, as defined herein and by existing law.
p. 
PAD - Shall mean the material, often concrete or macadam, which covers the ground under a mobile home and prevents the mobile home from sinking into the ground.
q. 
LICENSING FEE - Shall mean a fee charged by the Borough of each individual pad and collected with rent. In this sense, a pad is equivalent to a lot.
r. 
PARK OPERATOR - Shall mean the operator, owner, or other person leasing or renting a lot to a tenant.
s. 
PARK-OWNED MOBILE HOME - Shall mean any mobile home within a park which is owned by the park operator and which is rented or leased, or intended as such.
t. 
PERSON - Shall mean and include any corporations, companies, associations, societies, firms, partnerships, and joint-stock companies, as well as individuals.
u. 
REGISTERED TENANT - Shall mean anyone living with a tenant and registered with the park operator.
v. 
RENT - Shall mean the periodic (usually weekly or monthly) amount paid by a tenant to a park operator which includes base rent, supplied utilities, major capital improvements and/or hardship increases.
w. 
SUPPLIED UTILITIES -Shall mean garbage and/or trash removal and/or recycling, fuel, electrical, water, sewer, and such other services as the Ombudsman may deem applicable, for which services the park operator is responsible to the supplier for payment.
x. 
TAX CHARGE - Shall mean that portion of rent attributable to real estate taxes for the park.
y. 
TENANT - Shall mean a resident of a mobile home park owner who rents or leases a lot and/or mobile home from a park operator.
z. 
BOARD - Shall mean the Moonachie Mobile Home Park Rent Leveling Board established pursuant to this Chapter. The Board, if still in place will have the same powers as the Ombudsman as stated in the Chapter.
[Ord. #93-13, § 4; Ord. #99-7; Ord. #2002-10; Ord. #2003-15]
a. 
Establishment of rents in parks shall hereafter be determined by this Chapter.
b. 
No park operator may demand, request, or receive of tenants any increase in rent without written approval from the Ombudsman, except as herein provided.
[Ord. #93-13, § 5; Ord. #99-7; Ord. #2002-10; Ord. #2003-15]
a. 
Any park operator, tenant, or any group of tenants seeking any determination from the Ombudsman shall apply to the Ombudsman.
b. 
Filing Content. Said application shall be filed with the Borough Clerk. Each park operator's application for an annual rent increase must include, at a minimum, the following information: a breakdown of each rent category, the current charge to each rent category for owners and renters, the proposed increase to each rent category for owners and renters, and an item by item breakdown of the total cost and amortized allocation of the total cost of any proposed capital improvement charge. Each tenant application must specify the basis for any rent decrease sought including the method used to calculate the proposed decrease. Incomplete applications may be rejected by the Borough Clerk or the Ombudsman and may alter the effective date of the rent increase or decrease sought.
c. 
Tenant Application. Each tenant application for a decrease of any type shall be accompanied by a nonrefundable filing fee of $20.
d. 
Park Operator. Each park operator's application for an increase of any type shall be accompanied by a nonrefundable filing fee of $100
e. 
Each park operator's applications for an increase of any types shall be accompanied by an escrow fee of $500.
f. 
The applicant may be responsible for reasonable additional escrow fees for an application of any type if the services of an accountant will be required which fee shall not exceed $500.
g. 
Ombudsman is authorized by the Borough of Moonachie to review applications of which have been received by the Borough Clerk for completeness and accuracy.
h. 
All parties reserve their right of review of the Ombudsman's decision as well as reserve their right to challenge this decision with the filing of an action in lieu of prerogative writ where the standard of review will be the normal standard of review for prerogative writ matters and not limited to questions of fraud or mistake of law.
i. 
Any application by a group of tenants shall contain a list of names and addresses of those tenants included by said application.
[Ord. #93-13, § 6; Ord. #99-7; Ord. #2002-10; Ord. #2003-15]
a. 
A park operator may apply annually for an increase in base rent, of not more than the percentage increase in the CPI. Such increase shall be granted by the Ombudsman provided that the park operator has met the requirements of the application process.
b. 
The dollar amount of base rent increase per mobile home shall be calculated as follows:
1. 
For tenant owned mobile homes: By applying the allowed percentage to the sum of base rents for tenant-owned mobile homes, and dividing by the number of said mobile homes in the park.
2. 
For park-owned mobile homes:
By applying the allowed percentage to the sum of base rents for park-owned mobile homes, and dividing by the number of said mobile homes in the park.
c. 
The annual amount supporting any increase in this section shall be based upon the twelve-month period ending three months prior to the application filing date.
[Ord. #93-13, § 7; Ord. #99-7; Ord. #2002-10; Ord. #2003-15]
a. 
When real property taxes to the park operator are increased, the park operator may apply to the Ombudsman for a commensurate increase in tax charges.
b. 
When real property taxes to the park operator are decreased, any affected tenant may apply to the Ombudsman for a commensurate decrease in tax charges.
c. 
The charge per lot for real property taxes shall be computed by dividing the total amount of said real property taxes by the total number of lots in the park, including those for park-owned mobile homes, with reasonable adjustment for structures which are not properly chargeable to tenants.
d. 
The Borough Tax Assessor shall notify the Ombudsman's secretary of any change in the assessment of a park.
e. 
In no event shall the total of real property taxes paid by the tenants exceed the total real property taxes paid or due to be paid by the park operator, and in granting an increase under this section, the Ombudsman must, to the extent that evidence is available, consider this subsection and make any appropriate adjustment.
[Ord. #93-13, § 8; Ord. #99-7; Ord. #2002-10; Ord. #2003-15]
a. 
When supplied utility charges to the park operator are increased, the park operator may apply to the Ombudsman for a commensurate increase in supplied utility charges.
b. 
When supplied utility charges to the park operator are decreased, any affected tenant may apply to the Ombudsman for a commensurate decrease in supplied utility charges.
c. 
The charge per lot for supplied utilities shall be computed annually by dividing the total amount of each supplied utility cost by the total number of lots in the park, including those for park-owned mobile homes, with reasonable adjustment for structures which are not properly chargeable to tenants.
d. 
In no event shall the total of supplied utility charges paid by the tenants exceed the total utility bills paid or due to be paid by the park operator, and in granting an increase under this section, the Ombudsman must, to the extent that evidence is available, consider this subsection and make any appropriate adjustment.
e. 
One supplied utility increase per year is allowed, based on actual bills for the twelve-month period ending three months prior to the application filing date.
f. 
Once the application filing date and calculation period are established, they shall remain the same for all future applications.
g. 
The park operator shall, annually, provide the Ombudsman all of the supplied utility bills for the twelve-month period ending three months prior to the application filing date.
h. 
For purposes of this section, each park operator must supply the Ombudsman with copies of deposited checks made by the park operator to the utility company or bank statements verifying the monthly utility bills actually paid by the park operator.
[Ord. #93-13, § 9; Ord. #99-7; Ord. #2002-10; Ord. #2003-15]
a. 
Whenever the Borough increases the licensing fee, the park operator may, after 30 days' written notice, which shall include a revised itemization of rent, begin collecting the new licensing fee from the tenants.
b. 
Before any such increase is collected, the park operator shall give notice to the Ombudsman, with a copy to the Borough Clerk.
[Ord. #93-13 § 10; Ord. #99-7; Ord. #2002-10; Ord. #2003-15]
a. 
It is recognized that an efficient park operator is entitled to a just and reasonable rate of return from his property. To that end, a park operator may apply for rental increases on the basis that rents allowed by this Chapter prevent the park operator from receiving a just and reasonable rate of return.
b. 
Said park operator may request, and the Ombudsman shall grant, without formal application or filing fees, an informal hearing.
c. 
No park operator shall receive an increase under this section until he has owned and operated the park for 12 months.
[Ord. #93-13, § 11; Ord. #99-7; Ord. #2002-10; Ord. #2003-15]
a. 
A park operator may apply for a rental increase for the reasonable cost of major capital improvements, including costs of financing such major capital improvements.
b. 
Said park operator may apply for preliminary approval by formal application in accordance with subsection 23-1.5 before construction or purchase of said major capital improvements is begun.
c. 
Said park operator shall notify each tenant affected by such application at least 10 days prior to hearing. The notice shall contain the following information:
1. 
A clear description of the major capital improvement for which the application is being made.
2. 
The number of years of useful life of the improvement as allowable to the park operator for the purpose of depreciation under the Internal Revenue Code (see IRS Publication 946, Appendix B, Table of Class Lives and Recovery Period) by the straight line depreciation method.
3. 
The amount of monthly surcharge to be charged to such tenants if the application is granted.
4. 
The dates, time and place of the hearing on the application.
d. 
The Ombudsman in considering a major capital improvement application shall consider all of the following criteria in determining that portion of the improvements final costs to be surcharged to the mobile homes.
Major Capital Improvement shall mean a substantial change to the mobile home park housing accommodations such as would materially increase the rental value of the mobile home space and which provides an additional service or benefit to the residents of the park not previously accorded them. The term does not include repairs or replacements, which merely maintain the mobile home park in efficient operating condition. In determining whether a particular expenditure constitutes a "major capital improvement" under this Chapter, the Ombudsman shall consider the following:
1. 
The nature of the improvement.
2. 
The extent and cost of the improvement.
3. 
The additional service or benefit to the mobile home park and to the residents' enjoyment thereof gained as a result of the improvement.
4. 
The degree of permanency of the improvement.
5. 
Whether the park owner depreciated the cost of the improvement over the useful life of the object on his or her tax return.
e. 
On completion of said major capital improvements, said park operator shall, as a continuance of said application, submit the actual costs to the Ombudsman for final approval not later than 12 months after the completion of said improvement.
f. 
Any increase under this section shall not be collected until completion of the major capital improvement.
g. 
The charge per lot for any major capital improvement shall be computed by dividing the total cost of said major capital improvement by the total number of lots in the park, including those lots for park-owned mobile homes, with reasonable adjustment for structures which are not properly chargeable to tenants. Said increase shall be assessed monthly over the length of time allowed by the Internal Revenue Code (see IRS Publication 946, Appendix B, Table of Class Lives and Recovery Period) for depreciating said major capital improvement on a straight line depreciation basis.
1. 
Each tenant shall pay the major capital improvement surcharge only for the number of years that it has been established as the useful life of such improvement.
2. 
In any event, no increase by authority of this section shall exceed 10% of the tenant's base rent at the time the surcharge is levied. In this case the recovery period shall be expanded on a straight line basis to allow full recovery.
[Ord. #93-13, § 12; Ord. #99-7; Ord. #2002-10; Ord. #2003-15]
a. 
Each application before the Ombudsman shall include a sworn statement that the content of said application is true and that no material facts have been withheld.
b. 
All testimony shall be under oath and subject to cross-examination.
c. 
Each party to a hearing shall have full rights of discovery prior to the hearing.
[Ord. #93-13, § 13; Ord. #99-7; Ord. #2002-10; Ord. #2003-15]
Where a disparity in rents within a park for substantially similar facilities is created due to the enforcement of this Chapter, any affected party may apply to the Ombudsman for a hearing.
[Ord. #93-13, § 14; Ord. #99-7; Ord. #2002-10; Ord. #2003-15]
a. 
In any matter considered by the Ombudsman, other than for tax, supplied utility, or annual base rent increases, the Ombudsman may require the park operator to submit the following financial information and statements:
1. 
Statement of financial condition.
2. 
Statement of operations (income and expense statements).
3. 
Statement of retained earnings.
4. 
Statement of cash flows.
5. 
Such other financial data and information as may be reasonably required by the Ombudsman.
[Ord. #93-13, § 15; Ord. #99-7; Ord. #2002-10; Ord. #2003-15]
a. 
In the event of a decrease in the CPI, any tenants may apply to the Ombudsman in the same manner as in subsection 23-1.6b, for a decrease in base rent of the percentage decrease in the CPI. One such tenant application shall be deemed to be filed on behalf of all tenants.
b. 
The dollar amount of base rent decrease per lot shall be calculated in the same manner as set forth in subsection 23-1.6b. Any approved decrease shall be passed on to all mobile home park tenants covered under this chapter.
[Ord. #93-13, § 16; Ord. #99-7; Ord. #2002-10; Ord. 2003-15]
a. 
If a municipal property tax appeal by the park operator is successful, the tenants shall receive 100% of any resulting reduction excluding land and structures not charged to tenants after the park operator's costs of securing said tax reduction have been deducted.
b. 
This subsection is intended to be consistent with subsection 23-1.7c.
[Ord. #93-13, § 17; Ord. #99-7; Ord. #2002-10; Ord. #2003-15]
The Moonachie Mobile Home Park Rent Leveling Board as currently constituted shall hear all applications which are pending review under the authority of the prior ordinance up to and until the validation of this ordinance.[1]
[1]
Editor's Note: Ordinance No. 2003-15 which amended Chapter 23 and Mobile Home Parks was adopted July 24, 2003.
[Ord. #93-13, § 18; Ord. #99-7; Ord. #2002-10; Ord. #2003-15]
a. 
The Ombudsman shall establish rules and procedures for the fair and efficient implementation of this Chapter.
Said rules and procedures shall be reviewed and adopted by the Mayor and Council by ordinance.
Said rules and procedures may from time to time by request of the Ombudsman be revisited and amended so as to maintain their effectiveness and efficiency of the Chapter.
b. 
The Ombudsman shall maintain minutes of its meetings and shall file approved minutes with the Borough Clerk.
c. 
The Mayor and Council shall appoint a secretary for the Ombudsman.
d. 
All meetings of the Ombudsman shall be subject to the Open Public Meetings Act.
[Ord. #93-19, § 19; Ord. #99-7; Ord. #2002-10; Ord. #2003-15]
a. 
The Ombudsman shall render its decision in writing. All conclusions and determinations made by the Ombudsman shall be supported by the record and reasons for such conclusions and determinations shall be contained in the formal opinion as well as findings of fact.
b. 
Said written decision shall specify the decisions and the reasons therefor.
c. 
Said decision shall, in the event that an increase or decrease in rent or fees is approved, specify the following:
1. 
The periodic (weekly or monthly) amount of said increase or decrease.
2. 
The date on which the increase or decrease is to begin.
3. 
The duration for which the increase or decrease is effective.
4. 
The nature of the increase or decrease.
[Ord. #93-13, § 20; Ord. #99-7; Ord. #2002-10; Ord. #2003-15]
a. 
Any park operator or tenant affected by any action of the Ombudsman may appeal said action to the Mayor and Council.
b. 
Said appeal shall be filed with the Borough Clerk, with a copy for the Ombudsman's secretary, within 20 business days of the date of final action, and shall specify the grounds thereof and the name and address of the appellant or his attorney.
c. 
If the appeal is filed by a tenant, the tenant shall serve to the park operator a copy of the appeal within 10 business days of the filing thereof with the Borough Clerk, such service being by certified mail, return receipt requested, or by personal service with a signed affidavit.
d. 
The park operator shall post a copy of the appeal in a conspicuous place or places within the park, within five business days of the filing thereof, if filed by the park operator, or within five business days of the receipt thereof, if filed by a tenant.
e. 
Such appeal shall be decided by the Mayor and Council only upon the record established before the Ombudsman.
f. 
Notwithstanding the above, if the Mayor and Council determines that material information was not known to the Ombudsman at the time of the application, the Mayor and Council shall remand the application to the Ombudsman for reconsideration.
g. 
The Mayor and Council shall take final action on the appeal within 45 business days of receipt of the complete transcript (or statement) of proceedings before the Ombudsman.
h. 
Either the appellant or the applicant may request a public hearing, and the Mayor and Council shall grant same.
i. 
Both applicant and appellant shall be served with notice of said public hearing not less than 10 business days prior thereto.
j. 
The Mayor and Council may affirm, modify, or reverse the decision of the Ombudsman; remand the application to the Ombudsman for reconsideration; or take such other action as it may deem appropriate.
k. 
The Mayor and Council shall render its decision by resolution, specifying the facts and reasons therefor, and shall deliver a copy thereof to the Ombudsman and to the appellant within 10 business days of the issuance of said resolution.
l. 
If the Mayor and Council takes no action within 45 business days of the date of the delivery of the appeal to the Borough Clerk, the action taken by the Ombudsman shall be deemed to be affirmed.
m. 
The filing of an appeal with the Mayor and Council shall not stay the effect of any decision of the Ombudsman; provided, however, that any proposed increases collected during the pendency of an appeal with the Mayor and Council shall be deposited by the park operator in an interest bearing escrow account, and such pending increases shall be paid to the park operator or refunded to the tenants, as specified by the Mayor and Council, with interest, if the increase is modified or reversed.
[Ord. #2003-15]
Subsequent to the decision of the Ombudsman or Mayor and Council on appeal, if the awarded rent increases differ from the proposed increases contained in the notice to quit, then the park operator must provide each tenant with a revised notice to quit, specifying the monthly amount of net rent increases/decreases in each rent category, any capital improvement charge, the effective date of the increase/decrease and the duration of the increase/decrease.
[Ord. #93-13, § 21; Ord. #99-7; Ord. #2002-10; Ord. #2003-15]
a. 
During the term of this Chapter, the park operator shall maintain at least the same facilities and the same standards of service, maintenance, and equipment in the park and lots as provided or was required to provide, by law or by lease, three months before this Chapter becomes effective.
b. 
The park operator shall provide all reasonable, adequate, safe and necessary service and maintenance in accordance with all applicable law.
c. 
Where the park operator fails to maintain such standards, any tenant may apply to the Ombudsman for a reasonable reduction in rent; whereupon the Ombudsman shall duly notify the park operator and schedule the matter for hearing.
d. 
Where a park or any part thereof is being operated in violation of law, any affected tenant may apply to the Ombudsman for a reasonable reduction in rent. Upon receipt of such application, the Ombudsman shall schedule the matter for a hearing and notify the park operator thereof.
[Ord. #93-13, § 22; Ord. #99-7; Ord. #2002-10; Ord. #2003-15]
The controlling criteria for the effectuation of this clause shall be N.J.S.A. 2C 33-4 and Municipal Court Rule 7:2-2.
[Ord. #99-7; Ord. #2002-10; Ord. #2003-15]
a. 
Where there is a change of ownership of a mobile home except by inheritance, the base rent for said lot may be increased or decreased. The base rent for said lot cannot be higher than the highest rent charged or lower than the lowest rent charged on the applicable rent roll in effect at the time of change in ownership. For increases or decreases after the new tenant's base rent is thus established, the provisions of this Chapter shall continue to apply except for the first annual increase.
1. 
The first annual increase for base rent shall be prorated as follows: Number of tenant-owned months divided by 12 months multiplied by the appropriate increase.
b. 
Landlords are required to file a notice with the Ombudsman advising when a decontrolled unit becomes tenanted. Without written receipt by the Ombudsman of this "notice," any rent increase on such unit is illegal.
1. 
Said "notice" shall state the date the new tenancy begins, the name of the tenant and the amount of rent to be charged.
c. 
Rental rates shall not be indiscriminately increased or decreased as an advantage in the sale of a mobile home by the park operator.
d. 
On request of a tenant, the park operator shall provide to the tenant a statement of base rent and charges to be effective on, and any conditions pertinent to, the sale of the mobile home.
1. 
Said statement shall contain an expiration date.
2. 
Said statement shall be provided without charge, provided that any existing such statement has not expired.
e. 
If said tenant deems unfair any of the amounts or conditions of such statement, said tenant may apply to the Ombudsman for a determination.
[Ord. #93-13, § 23; Ord. #99-7; Ord. #2002-10; Ord. #2003-15]
a. 
For tenants paying rent on a weekly basis, weekly amounts are to be calculated by multiplying the monthly amount by 12 and dividing the result by 52.
b. 
Nothing herein shall be construed to require tenants paying weekly to change their payment schedules to monthly or vice versa.
[Ord. #93-13, § 24; Ord. #99-7; Ord. #2002-10; Ord. #2003-15]
All increases or decreases calculated pursuant to this Chapter shall be rounded to the nearest cent.
[Ord. #93-13, § 25; Ord. #99-7; Ord. #2002-10; Ord. #2003-15]
a. 
The Ombudsman may grant the park operator retroactive increases.
b. 
Any retroactive increases shall not be collected from tenants in a lump sum, but the length of time for which the increase is effective shall be reasonably adjusted so that the park operator collects the amount allowed by the Ombudsman.
[Ord. #93-13, § 26; Ord. #99-7; Ord. #2002-10; Ord. #2003-15]
a. 
Heirs of a deceased tenant, who are themselves registered tenants, shall be entitled to the same rights under this Chapter as the tenant when alive, and the provisions of this Chapter shall apply as if the decedent were alive and occupying the mobile home.
b. 
An heir who wishes to occupy said mobile home, but was not a registered tenant in said mobile home at the time of death, shall be subject to the usual, reasonable approvals by the park operator, and such approvals shall not be unreasonably withheld, and if such approvals are granted, the provisions of this Chapter shall apply as if the decedent were alive and occupying the mobile home.
[Ord. #93-13, § 27; Ord. #99-7; Ord. #2002-10; Ord. #2003-15]
a. 
When a tenant pays his or her rent, he or she shall receive a receipt which sets forth the period for which the rent is paid and the amount paid.
b. 
When a tenant's base rent or any rent category is increased or decreased, said tenant shall receive a notice which sets forth the amount of base rent and each rent category.
[Ord. #93-13, § 28; Ord. #2002-10; Ord. #2003-15]
This Chapter, being necessary for the welfare to the Borough and its inhabitants, shall be liberally construed to effectuate the purposes thereof.
[Ord. #93-13, § 29; Ord. #99-7; Ord. #2002-10; Ord. #2003-15]
None of the rights granted herein to tenants may be waived.
[Ord. #93-13, § 30; Ord. #99-7; Ord. #2002-10; Ord. #2003-15]
If any section, subsection, sentence, clause, phrase or portion of this Chapter is held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed as a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof.
[Ord. #93-13, § 31; Ord. #99-7; Ord. #2002-10; Ord. #2003-15]
Wherever, in the Moonachie Ordinances, there is a conflict between this Chapter and another Chapter, this Chapter shall govern.
[Ord. #93-13, § 32; Ord. #99-7; Ord. #2002-10; Ord. #2003-15]
This Chapter shall take effect immediately upon publication and final passage, pursuant to law.
[Ord. #93-13, § 33; Ord. #99-7; Ord. #2002-10; Ord. #2003-15]
a. 
For any violations of this Chapter, unless specified otherwise herein, the General Penalty Provision, Section 1-5 of the Borough of Moonachie Code shall apply.
b. 
Each day, or part thereof, that a violation exists shall constitute a separate offense.
c. 
A violation affecting more than one rental space shall be considered a separate violation as to each rental space.
d. 
Any attempt to perform any act or create any condition prohibited by this Chapter shall constitute a violation hereof.
e. 
Any person who abets another in performing any act or creating any condition prohibited by this Chapter shall be in violation of this Chapter.
f. 
Payment of a fine shall not constitute compliance with this Chapter.
g. 
The penalties set forth in this section are in addition to any revocation proceedings.
[Ord. #93-13, § 34; Ord. #99-7; Ord. #2002-10; Ord. #2003-15]
a. 
The park operator shall post a copy of this Chapter, together with a notice that a copy can be obtained from the Borough Clerk for the copying fee then in effect, and any amendments hereto, in a conspicuous place or places throughout the park.